Mark Eade and Chris Stackpoole (led by L Kelly KC) represented the furst defendant, instructed by Maddocks.
The case concerned an application by the first defendant for leave to file and serve two expert reports which it proposed to rely on at trial.
Whilst the application for leave was not opposed, the plaintiff argued it should be on the condition that the expert reports are required to be filed and served by the 2nd of June 2025. This carried the risk that the reports would not be received or, if received, would be incomplete.
The court ordered the expert evidence by the 31st of August 2025. Freeburn J noted the court’s overarching obligation to grant a fair trial was decisive. Whilst the fair opportunity afforded to a party to present their evidence is not boundless, the factors discussed in favour of exercising the discretion to extend the time allowed the first defendant the opportunity to rely on the expert evidence.
The judgment can be read by clicking here
