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Hello my name is ***** ***** I will help you with this.
What was the nature of the injuries please?
the injuries are my son's cerebral palsy
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.
Ok. They can each have their own expert report.
However they need to make an application to the Court in order to RELY on their reports.
The Court is unlikely to want more experts than is necessary
Therefore the Court is unlikely to double up. Only if they can actually add something can they rely on the report.
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
Can I clarify anything for you about this today please?
Is there any case precedence for that?
alex I am here
we keep missing each other
Are there any case law examples of evidence being limited by joint and severally liable defendants
There will be but if its accepted then that is not an issue.
You have to remember that 99% of cases are not reported.
So less than 1% are
You can search for yourself case law: http://www.bailii.org/
Ok Alex Watts, Thanks
Can I clarify anything else for you?
am just looking for case precedence
Ok. You really dont need to worry, if they have accepted a Tomlin order they are joint then its not an issue
can we discontinue at anytime against even when monies were given
Yes but if you discontinue the normal rule is that you are liable for their costs
ok is there any standard text or publication one can read about the implications of joint and severally liable defendants
Ok thanks will check
Great. Can I help with anything else?
I am ok thanks
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