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 Chemicals [2016] EWHC 2889 (Ch). In this case, the court ordered the parties to meet … Read more

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 claimant disclose certain documents in which the original expert had recorded his views (in addition to … Read more

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 report. However, the defendants were not required to disclose their solicitors' attendance notes of meetings … Read more

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 – from the initial question as to whether expert evidence is, in fact, required to … Read more