header-logo header-logo

18 January 2007 / James Levy
Issue: 7256 / Categories: Features , Expert Witness , Procedure & practice
printer mail-detail

Changing sides

James Levy considers when courts will allow parties to change experts

In litigation cases, the expert’s overriding duty is to the court and not to the party who either instructs or pays him. As such, situations can arise when experts who have written a supportive report decide that the other side has a valid argument and that they are no longer sure of the merits of your client’s case. This was the position in Stallwood v David [2006] EWHC 2600 (QB), [2006] All ER (D) 286 (Oct).

While the overriding objective requires the court to deal with cases justly, the court has held that it would be wrong to have a total bar on a party being allowed to replace its expert. Generally, however, the court will not allow a party to change its expert simply because the expert no longer fully supports its case. Furthermore, the Civil Procedure Rules (CPR) acknowledge that experts may, as a result of their discussion with the other side’s expert, change or modify their opinion.

Stallwood

The court

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

Harneys—Maggie Kwok & George Weston

Harneys—Maggie Kwok & George Weston

Harneys senior leadership appointments

Freeths—Keith Browne & Jim Jordan

Freeths—Keith Browne & Jim Jordan

Freeths strengthens London Construction and Engineering practice with two strategic senior hires

Anthony Collins—Laura Moss

Anthony Collins—Laura Moss

Anthony Collins announces strategic hire to deepen skills base in the social business sector

NEWS
More than 100 teams from the legal and financial services sectors competed in five sports at the 51st Law Society RFC Festival of Sport earlier this month
Part-time status need only be an effective cause of less favourable treatment, rather than the sole cause, the Supreme Court has held in Augustine v Data Cars
Britain’s new acknowledgement that Israel’s occupation is unlawful, and accompanying settlement-goods ban and sanctions, is significant but overdue, argue Danny Friedman KC and Victor Kattan in NLJ this week
New planning fee rises, wider trade union access rights and a service-by-email trap feature in Stephen Gold’s latest Civil Way
Existing defamation law can respond to AI ‘hallucinations’, but allocating responsibility will prove harder where outputs reach users without human intervention
back-to-top-scroll