Cases - Smith v Stephens
Record details
- Name
- Smith v Stephens
- Date
- [2001]
- Citation
- CILL 1802, QBD
- Legislation
- Keywords
- Expert witness - Civil Procedure Rules
- Summary
-
Even though CPR Part 35 did not confer an express power on a court to prevent meetings, the court has power under its inherent jurisdiction to issue an order restraining a meeting in breach of the overriding objectives of CPR Part 35. Here, the claimant's solicitor arranged a meeting with 7 SJEs appointed to take place without the defendant or his advisers present.
Notwithstanding the normal right of a party to interview witnesses as part of its preparation for trial, where the court has directed the instruction of an SJE it will be inconsistent with that direction and the overriding objective of the CPR for one side secretly to ascertain the views of the expert. Where, as here, the parties could not agree on a meeting with the SJE, it would be necessary to fall back on the submission of written questions and the provision of written answers.
(See Peet v Mid-Kent Healthcare NHS Trust on a similar point.)