Experts

Court of Appeal confirms importance of frankly disclosing factors that could affect expert’s independence

The Court of Appeal has dismissed an appeal against a finding of clinical negligence based, in part, on the trial judge's approach to evaluating expert evidence where a close connection between the defendant and his expert witness had not been … Continue reading

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Expert evidence – the need to engage

A recent High Court decision illustrates the need for parties to cooperate in the process of producing expert evidence, to ensure the reports are properly matched and avoid the problem of "ships passing in the night": UPL Europe v Agchemaccess … Continue reading

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Party permitted to change experts on condition it disclosed previous expert’s notes setting out substance of views

The Technology and Construction Court has granted a claimant permission to adduce evidence from a new expert, after it became dissatisfied with its original expert's ability to express his views clearly. However, permission was granted subject to the condition that the … Continue reading

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Civil Justice Council report published today on concurrent expert evidence including “hot-tubbing”

The Civil Justice Council has today published a report on Concurrent Expert Evidence & ‘Hot-Tubbing’ in English Litigation since the ‘Jackson Reforms’. The report was produced by a working group chaired by Professor Rachael Mulheron of Queen Mary University of … Continue reading

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The price of changing experts: disclosure of privileged report

In a recent decision, the Technology and Construction Court granted defendants permission to adduce expert opinion evidence from a second expert, after their first expert had ceased to act, on the condition that the defendants disclose the first expert's draft … Continue reading

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Civil Justice Council working group to review “hot-tubbing” of experts and other topics

A CJC working group has been set up to consider and review a series of discrete topics relating to civil litigation, which will ultimately feed into the Ministry of Justice’s Post‐Implementation Review of the Jackson reforms, which is due in … Continue reading

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Article published: Experts have lessons to learn

The role of experts in legal proceedings has continued to attract comment in a number of judgments in the English courts over the past year. The decisions provide guidance on a range of issues that arise during an expert’s tenure … Continue reading

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Importance of frank disclosure of factors that could affect expert’s independence

A recent High Court decision underlines the burden on a litigating party and its expert witness to state frankly, and with sufficient detail, the nature and extent of any connection that could affect the expert’s independence: EXP v Dr Charles … Continue reading

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High Court decision shows some flexibility in test of “good reason” for change of expert

The High Court has granted permission to change experts where the claimants’ original expert was unwilling to continue, in circumstances where refusing permission was likely to leave the claimants with no effective evidence on a crucial issue: Adams v Allen & Overy [2013] EWHC … Continue reading

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High Court refuses permission for new expert where party delayed in disclosing previous expert’s withdrawal

The High Court has held that, in the circumstances of this case, the claimant’s failure to disclose its expert’s withdrawal from the case for some six months amounted to a serious abuse of the court’s process: Clarke v Barclays Bank … Continue reading

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