Cases - Stevens v Gullis
Record details
- Name
- Stevens v Gullis
- Date
- [1999]; [1999]
- Citation
- 73 Con LR 42, CA; BLR 394
- Legislation
- Keywords
- Expert witness - Civil Procedure Rules
- Summary
-
In an action by the claimant builder against the defendant client, a defendant builder's expert failed to comply with the Practice Direction on Experts and Assessors and failed to understand his duty to the court. The builder was debarred from calling that expert, and his counterclaim was therefore dismissed. The Court of Appeal upheld this decision.
There were also third-party proceedings by the client against his architect under CPR Part 20. The judge decided that, as there was now no expert evidence available in the third-party proceedings, they should be discontinued. The claimant and the client agreed that the expert debarred by the judge should be used as a witness of fact, the client having consulted a new expert. However, the Court of Appeal refused to sanction a consent order to this effect. Their view was that this would impose on the judge an expert who did not understand their obligations to the court.