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Cecil Guntrip v Cheney Coaches Ltd [2012] EWCA Civ 392, 14/03/12


No error in judge's decision to refuse to admit new expert evidence where there had already been a joint experts' report:

The Court accepted that a DJ had been correct in refusing the C permission to rely on a new expert report on the eve of trial and where a joint expert report had already been prepared and the C's expert had appeared to change his opinion in favour of the D. It was held that in the context of trial management it was good if an expert changed his opinion sooner rather than later. Expert shopping was not to be encouraged. The DJ had correctly thought about both parties when refusing the initial application and was mindful of the delays incurs and the costs consequences that would ensue were the C granted permission to rely on a further report. Though a circuit judge had overturned the DJ's decision on the basis that if he did not do so the C's case would effectively fail, this did not mean the DJ's decision had been wrong.