13th January, 2015

Phil de Berry successfully appeals a case management order regarding alleged expert shopping

Following an application before a DJ, the Claimant was ordered to disclose an advisory medical report as a condition precedent to permission to rely upon a Part 35 report.  It was suggested the Claimant had engaged in expert shopping. HHJ Freedman, the DCJ of Newcastle-Upon-Tyne County Court, recognised that there is a fundamental difference between an advisory report and a Part 35 report. He rejected the allegation of expert shopping and expressed support for the contention that parties ought to be able to obtain a second opinion in private without being in fear of having to disclose that advice.

View Mr De Berry's profile HERE.



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