Cases - Daniels v Walker
Record details
- Name
- Daniels v Walker
- Date
- [2000]; [2000]
- Citation
- EWCA Civ 508; 1 WLR 1382, CA
- Legislation
- Keywords
- Expert witness
- Summary
-
In a personal injury case the court had to consider whether the defendant should be allowed to have the injured claimant examined by its own expert, as well as by a jointly instructed occupational therapist. The defendant was unhappy with the claimant's instructions to the occupational therapist. Lord Woolf MR held that:
'Where the parties have sensibly agreed to instruct an expert, it is obviously preferable that the form of instructions should be agreed if possible. Failing agreement, it is perfectly proper for either separate instructions to be given by one of the parties or for supplementary instructions to be given by one of the parties.'
Further:
'In the majority of cases, the sensible approach will not be to ask the court straight away to allow the dissatisfied party to call a second expert. In many cases it would be wrong to make a decision until one is in a position to consider the situation in the round.'
However, in this case, where a lot of money was involved and where no undue distress would be caused by a further examination, a further examination and report should have been allowed.
If there is disagreement on the report of an SJE, questions could be put to the SJE or a party could seek to have its own report. The court will have to decide on what evidence is to be called if one or both parties have their own expert. Oral evidence by them in court will be 'a last resort', because of the cost, and only after the experts have met to attempt to reach agreement.