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Van Niekerk v Carnival Plc & Anor [2012] QBD - 13/06/12


Permission was granted to obtain expert accounting evidence and for the cause of death experts to produce a joint statement. Although the C had succeeded on her application to admit accounting evidence, it had been necessary because there was a deficiency in her case which the D had pointed out some months earlier, and she had sought to adduce additional evidence close to the trial and in circumstances where it raised serious questions about whether the trial could proceed in the event that permission were granted. However the issue about a joint expert's report had been a serious issue. Taking those issues into account, the proximity to trial and the matters on which the parties had argued, it was appropriate to consider the hearing as a pre-trial review. In those circumstances, the appropriate order for costs was costs in the case.


  • High Court (Queen's Bench Division)
  • Tuesday, 24 July 2012