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10 November 2017 / Dr Chris Pamplin
Issue: 7769 / Categories: Features , Expert Witness , Profession
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Expert selection

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When instructing a new expert, is disclosure of an earlier report inevitable? Dr Chris Pamplin reports

  • Does the report of an expert who is no longer able to act for a party have to be disclosed as a necessary condition of the party being able to appoint a new expert?

It is not uncommon for a party in possession of an unfavourable expert report to want to ‘shop around’ for an expert whose opinion is more supportive of its case. Expert shopping is, of course, a practice that has been frowned upon by the courts. Indeed a body of case law and procedural practice has developed that aims to deter, and ideally prevent, such behaviour.

As a consequence, when a party makes an application for permission to change expert, the court, if granting the application, will usually impose a condition that the report of the outgoing expert should be disclosed. So common has this become that many presume that the imposition of such a condition is automatic.

A question of limitation

However, in Daniel

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NEWS
The Law Society RFC Festival of Sport returns next month, bringing together legal and financial services professionals for one of the sector’s largest annual sporting events
Legal aid deserts leave almost one in four without adequate access to justice
The Solicitors Regulation Authority (SRA) has warned solicitors and law firms that using artificial intelligence does not alter their professional obligations, amid concerns over inaccurate legal material and client confidentiality
From forgotten interest claims to case-management appeals, a string of procedural developments offers useful—and occasionally cautionary—lessons for practitioners

Jonathan Fisher KC highlights that it now accounts for around 40% of criminal offences, with roughly 70% involving technology, and argues that the UK cannot simply prosecute its way out of the problem. Detection, investigation and prosecution all require improvement, while different fraud types demand tailored responses.

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