0370 270 6000

already registered?

Please sign in with your existing account details.

need to register?

Register to access exclusive content, sign up to receive our updates and personalise your experience on brownejacobson.com.

Privacy statement - Terms and conditions

Foulcer v Bhatti, Queen's Bench Division, 25 July 2000

2 November 2000
The issues

Overriding objective – late introduction of further expert evidence.

The facts

The Claimants sought to vary decision refusing Application for permission to rely upon the evidence of a Gastricentorologist in PI claims. At a Directions hearing in 1999 the Judge had refused an Application for permission on the basis that the Claimant has been searching in vain for some time for an expert who would support his claim and that now he had done so he should not be permitted to rely upon that evidence in trial in view of the prior procedural history.

The decision

Viewing the Practice Direction (29) alone the Defendant’s submissions would have been accepted. However having regard to the overriding objective it was clear that to deny the opportunity of adducing such evidence would prevent the Trial Judge from doing justice between the parties.

focus on...

Legal updates

Contingent loss in negligence claims

Contingent loss is relevant to limitation; specifically, the date at which a claimant’s cause of action accrues for the purposes of a claim in the tort of negligence (as many claims against professional advisers are framed).

View

Legal updates

Legal and regulatory monthly update - September 2019

The latest update covering delegated authority, insurance product development, the senior insurance managers regime, data protection, operational control frameworks, Lloyds market, and horizon scanning.

View

Legal updates

Kuoni referred to the CJEU by Supreme Court for clarification - possible impact on breach of contract, vicarious liability and assumption of responsibility claims for sexual abuse and assault

We were hoping to be able to give you some interesting insights following the judgment of X v Kuoni Travel Ltd but that will have to wait for another day.

View

Legal updates

The disappearance of LIBOR

Companies should undertake a comprehensive review and audit to identify those products and legacy contracts that are LIBOR-linked and carry out an in-depth risk assessment of discontinuation. Where possible, companies should look at appointing an individual to oversee the programme.

View

The content on this page is provided for the purposes of general interest and information. It contains only brief summaries of aspects of the subject matter and does not provide comprehensive statements of the law. It does not constitute legal advice and does not provide a substitute for it.

mailing list sign up



Select which mailings you would like to receive from us.

Sign up