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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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2 defendants have just accepted liability for a PI claim. Based

Resolved Question:

2 defendants have just accepted liability for a PI claim. Based on a Tomlin order they are both joint and severally liable for damages. An interim payment was made and the case has progressed to quantum with both defendants. I am looking for case with expert evidence and joint defendants. I am thinking that they should be limited to bring one expert per discipline specialist field and not 2. Can you shed if they are each correct to bring their own experts. Additionally the have single joint some experts in the matter
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.
Alex Watts :

Hello my name is ***** ***** I will help you with this.

Alex Watts :

What was the nature of the injuries please?

Customer:

the injuries are my son's cerebral palsy

Alex Watts : Ok. Why do you need 2 experts please?
Customer:

The issue is 2 defendants (a hospital and a doctor). They both blamed each other initially. They came to an agreement via Tomlin Order making both joint and severally liable. Now my question is that with joint defendants can they both individually bring experts to the quantum trial although they are joint and severally liable. For eg both one to bring care expert evidence, similarly a physiotherapist, therefore a doubling up of experts on the defendants end. I am thinking since they are joint they come like one and should be restricted in the amount of evidence in particular duplicating efforts and raising costs and creating an unbalanced playing field. Looking for case precedence on experts in joint def cases or what is the approach of the courts in such cases.

Alex Watts :

Ok. They can each have their own expert report.

Alex Watts :

However they need to make an application to the Court in order to RELY on their reports.

Alex Watts :

The Court is unlikely to want more experts than is necessary

Alex Watts :

Therefore the Court is unlikely to double up. Only if they can actually add something can they rely on the report.

Alex Watts :

In short the Court can't stop them getting 2 reports, the Court can only stop someone from relying on the reports in Court proceedings

Alex Watts :

Can I clarify anything for you about this today please?

Customer:

Is there any case precedence for that?

Alex Watts : It's not case specific, it is contained within the civil procedure rules.
Alex Watts : In particular Part 35
Alex Watts : Does that help?
Customer:

alex I am here

Alex Watts : I am here too.
Customer:

we keep missing each other

Alex Watts : Just post what you need help with and you will be emailed when I reply.
Customer:

Are there any case law examples of evidence being limited by joint and severally liable defendants

Alex Watts :

There will be but if its accepted then that is not an issue.

Alex Watts :

You have to remember that 99% of cases are not reported.

Alex Watts :

So less than 1% are

Alex Watts :

You can search for yourself case law: http://www.bailii.org/

Customer:

Ok Alex Watts, Thanks

Alex Watts :

Can I clarify anything else for you?

Customer:

am just looking for case precedence

Alex Watts :

Ok. You really dont need to worry, if they have accepted a Tomlin order they are joint then its not an issue

Customer:

can we discontinue at anytime against even when monies were given

Alex Watts :

Yes but if you discontinue the normal rule is that you are liable for their costs

Customer:

ok is there any standard text or publication one can read about the implications of joint and severally liable defendants

Alex Watts :

http://uk.practicallaw.com/8-200-1391

Alex Watts :

http://en.wikipedia.org/wiki/Joint_and_several_liability

Alex Watts :

http://www.drukker.co.uk/publications/reference/jointseveral-liability/#.VKhjaoqsXNU

Customer:

Ok thanks will check

Alex Watts :

Great. Can I help with anything else?

Customer:

I am ok thanks

Alex Watts :

Great. If I could ask you to rate my answer before you go today - the button should be at the bottom of the screen

Alex Watts :

If you need more help please click reply

Customer:

ok

Alex Watts :

Thanks!

Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience: Solicitor with 5+ years experience
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