EXPERT WATCH 16: IS PART 35 PERMISSION NEEDED WHEN A DOCTOR GIVES OPINION EVIDENCE AS TO A PARTY’S ABILITY TO PARTICIPATE IN LITIGATION?

Here we look at a case where a party was seeking a stay of litigation on medical grounds.  Medical evidence was provided which supported the litigant's stance.  The claimant took objection to the report as it contained "opinion" and the court had not given permission for expert evidence to be relied...