Cases - Hubbard v Lambeth Southwark & Lewisham Health Authority

Record details

Name
Hubbard v Lambeth Southwark & Lewisham Health Authority
Date
[2001]
Citation
EWCA Civ 1455
Legislation
Keywords
Expert witness
Summary

In a medical negligence case, the claimants appealed an order that the respective experts should meet to discuss matters of practice and treatment with a view to an agreement. They argued that their experts should not be forced to meet with the defendants' expert who was renowned as pre-eminent in the field. The Court of Appeal dismissed the appeal:

'... in almost every case experts are able to narrow the issues to be determined at trial even in very complex cases. The time and cost benefit which flows from this is obvious. There are of course cases where an experts' meeting would serve no purpose, in which case no order should be made. But, even if both parties object to a meeting, the court is not prevented from making an order and should do so if it thinks that something will come of it. I see nothing wrong with a general approach that an order for such discussions to take place will usually be made where there has been an exchange of expert reports.

The mere objection by one party will not be sufficient. Some very good reason for not having a meeting would have to be shown ... it seems to me that the real fear is that at this meeting [the claimants' experts] might be tempted to sell their clients down the river. I do not think that is a good reason'.