header-logo header-logo

Home Login E-newsletter About us

Buyer beware: the hazards of expert shopping

© Copyright LexisNexis 2025. All Rights Reserved.
08 April 2022 / Dr Chris Pamplin
Issue: 7974 / Categories: Features , Profession , Expert Witness
printer mail-detail
77790
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

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Read All
Sponsored by
NLJ Career Profile: Maria Karaiskos KC, Church Court Chambers

NLJ Career Profile: Maria Karaiskos KC, Church Court Chambers

Maria Karaiskos KC, recently appointed as the first female head of Church Court Chambers, discusses breaking down barriers, the lure of the courtroom, and the power of storytelling

Cripps—Simon Main

Cripps—Simon Main

Firm strengthens residential property team with partner hire

Hugh James—Danielle Cahill

Hugh James—Danielle Cahill

Private wealth disputes team welcomes partner in London

NEWS
Read All
NLJ this week: Court backs Tower Hamlets database in discrimination claim
Writing in NLJ this week, Kelvin Rutledge KC of Cornerstone Barristers and Genevieve Screeche-Powell of Field Court Chambers examine the Court of Appeal’s rejection of a discrimination challenge to Tower Hamlets’ housing database
NLJ this week: Lords split as assisted dying Bill faces critical scrutiny
Michael Zander KC, Emeritus Professor at LSE, tracks the turbulent passage of the Terminally Ill Adults (End of Life) Bill through the House of Lords in this week's issue of NLJ. Two marathon debates drew contributions from nearly 200 peers, split between support, opposition and conditional approval
NLJ this week: Human Rights Act proves a healthy ‘transplant’ after 25 years
Alistair Mills of Landmark Chambers reflects on the Human Rights Act 1998 a quarter-century after it came into force, in this week's issue of NLJ
NLJ this week: Civil courts see new guidance, disputes and carers’ claims
In his latest Civil Way column for NLJ, Stephen Gold surveys a raft of procedural changes and quirky disputes shaping civil practice. His message is clear: civil practitioners must brace for continual tweaks, unexpected contentions and rising costs in everyday litigation
NLJ this week: Bar Council vows ‘decisive & radical’ reform after Harman review
Barbara Mills KC, chair of the Bar 2025 and joint head of chambers at 4PB, sets out in this week's NLJ how the profession will respond to Baroness Harriet Harman KC’s review into bullying, harassment and sexual misconduct at the Bar
Copyright © 2025 LexisNexis
back-to-top-scroll