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08 April 2022 / Dr Chris Pamplin
Issue: 7974 / Categories: Features , Profession , Expert Witness
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Buyer beware: the hazards of expert shopping

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Chris Pamplin considers the court’s power to allow a party to change its expert witness & how far back this power can reach
  • In July 2021, the court gave a potentially very significant judgment in Rogerson (trading as Cottesmore Hotel, Golf and Country Club) v Eco Top Heat & Power Ltd [2021] EWHC 1807 (TCC). The case concerned the power of the court to allow a party to change its expert witness upon terms that can include disclosure of any reports prepared by a prior expert. It raised an interesting question: how far back in time can this power reach?

Deterring ‘expert shopping’

The courts have, for many years, acted to discourage the practice of expert shopping, ie changing one expert for another who is more supportive of the party’s case.

There are many good reasons why a party might seek permission for a change of expert, however, whenever there is such an application, there must always be the suspicion that this is being done because the substitute

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MOVERS & SHAKERS

Slater Heelis—Charlotte Beck

Slater Heelis—Charlotte Beck

Partner and Manchester office lead appointed head of family

Civil Justice Council—Nigel Teasdale

Civil Justice Council—Nigel Teasdale

DWF insurance services director appointed to Civil Justice Council

R3—Jodie Wildridge

R3—Jodie Wildridge

Kings Chambers barrister appointed chair of R3 Yorkshire

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Stephen Gold’s latest Civil Way column rounds up a flurry of procedural and regulatory changes reshaping housing, alternative dispute resolution (ADR) and personal injury litigation
Patients are being systematically failed by an NHS complaints regime that is opaque, poorly enforced and often stacked against them, argues Charles Davey of The Barrister Group
A wealthy Russian divorce battle has produced a sharp warning about trying to challenge foreign nuptial agreements in the wrong English court. Writing in NLJ this week, Vanessa Friend and Robert Jackson of Hodge Jones & Allen examine Timokhin v Timokhina, where the High Court enforced Russian judgments arising from a prenuptial agreement despite arguments based on the landmark Radmacher decision
An obscure Victorian tort may be heading for an unexpected revival after a significant Privy Council ruling that could reshape liability for dangerous escapes, according to Richard Buckley, barrister and emeritus professor of law at the University of Reading
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