OBI v PATEL & ANOR (2018) QBD (Judge Cotter QC) 08/10/2018
Permission to rely on expert evidence in a PI quantum trial arising out of a road traffic accident was refused where the defendant had delayed, for tactical reasons, notifying the claimant of his intention to use expert evidence, and the case could be properly run on the basis of the existing evidence.
This case, where liability was admitted, arises from a car -v- pedestrian RTA, leading to serious bilateral injuries to both legs.
The claimant disclosed rehabilitation documents to the defendant, which subsequently sought to rely on three experts’ reports (employability; physiotherapy needs; life expectancy) and issued an application accordingly.
The delay casued inconvenience and put the trial at risk. Further, such applications had to fit with the overriding objective.
It was held that the defendant’s conduct had gone against the spirit of modern litigation, in remaining silent on the point at CMC’s.
The moral of the story is if you need expert evidence, comply with the rules and make sure you get on and get it.