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Practice – Striking out. In the course of proceedings, the claimant obtained an expert report from D. D subsequently told the claimant that he was retiring and would not appear in the case. The claimant waited several months before informing the other parties of D's retirement, and sought to adduce a new expert report from Y. The deputy master allowed Y's report to be adduced. The defendant bank appealed, seeking for the claim to be struck out. The Chancery Division held that, while the appeal would not be allowed, the claimant would be required to rely on D's report, even though D might choose not to attend court.
Practice – Striking out. In the course of proceedings, the claimant obtained an expert report from D. D subsequently told the claimant that he was retiring and would not appear in the case. The claimant waited several months before informing the other parties of D's retirement, and sought to adduce a new expert report from Y. The deputy master allowed Y's report to be adduced. The defendant bank appealed, seeking for the claim to be struck out. The Chancery Division held that, while the appeal would not be allowed, the claimant would be required to rely on D's report, even though D might choose not to attend court.
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