Description
The pursuer made a motion for leave to lodge a late list of witnesses and a late inventory of productions. The motion was opposed due to (1) the imminence of the proof and (2) the likely prejudice to the defenders by the late introduction of such evidence. The court granted the motion and the case settled prior to the diet of proof by a joint minute. The pursuer sought certification of certain individuals as skilled witnesses for the pursuer in terms of Rule of Court 42.13 and, in relation to the certification for witnesses Davies, Pollock and Potts the motion was opposed. Here the court considered whether the court was entitled to regard the instruction of the experts as unreasonable in the context of Rule 42.13 and whether certification should be granted.
