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England and Wales Court of Appeal (Civil Division) Decisions
You are here: BAILII >> Databases >> England and Wales Court of Appeal (Civil Division) Decisions >> Kirkman v Euro Exide Corporation (CMP Batteries Ltd)  EWCA Civ 66 (25 January 2007)
Cite as:  EWCA Civ 66
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IN THE COURT OF APPEAL (CIVIL DIVISION)
ON APPEAL FROM BOLTON COUNTY COURT
(HIS HONOUR JUDGE WARNOCK)
B e f o r e :
LADY JUSTICE SMITH
|- v -|
|EURO EXIDE CORPORATION (CMP BATTERIES LTD)||DEFENDANT/RESPONDENT|
WordWave International Limited
A Merrill Communications Company
190 Fleet Street, London EC4A 2AG
Tel No: 020 7404 1400 Fax No: 020 7831 8838
Official Shorthand Writers to the Court)
MR D NOLAN QC (instructed by Messrs Langleys) appeared on behalf of the Respondent
Crown Copyright ©
"The Claimant is refused permission to rely upon the statement of Anthony Banks dated 17 September 2004 as it comprises expert evidence. For the avoidance of doubt the Court does not exclude Mr Banks as a possible witness of fact. Any amended written expert report arising herefrom is to be served by 1 November 2005."
"I have been asked whether I would have advised Mr Kirkman to undergo surgery following his referral to me in 2001 in the absence of the September 2001 accident. I would not have advised the surgery which Mr Kirkman in fact underwent in the absence of the accident in September 2001."
He added at paragraph 6:
"I have been asked by the solicitors acting for Mr Kirkman not to give reasoning for the advice I would have given in the absence of the accident of September 2001 in order to avoid giving opinion evidence. I am fully willing to give my reasons if asked."
Order: Appeal allowed.