Summary

After considering the report from the Single Joint Expert, the Wife in financial remedy proceedings attempted unsuccessfully to make a Daniels v Walker application to adduce evidence from her solely instructed expert. The judge set out the law on Daniels v Walker before applying it to the specifics of the case. 

Learning points

Learning points for instructing parties:

• Consider the need for a Daniels v Walker application as early as possible. An application made just before the final hearing date is much less likely to succeed,
• The application should seek to address the non-exhaustive factors set out by the judge in this case,
• The application is more likely to succeed if there is time before the final hearing for a meeting between the SJE and the proposed expert, as well as for the other party to effectively challenge the proposed new expert evidence and seek and obtain permission for their own solely instructed expert,
• The application is more likely to succeed if the differences between the SJE and the proposed new expert are relatively significant and would be likely to have a material impact on proceedings.

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