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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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Three men wrongly imprisoned for a combined 77 years have been released—yet received ‘not a penny’ in compensation, exposing deep flaws in the justice system. Writing in NLJ this week, Dr Jon Robins reports on Justin Plummer, Oliver Campbell and Peter Sullivan, whose convictions collapsed amid discredited forensics, ‘oppressive’ police interviews and unreliable ‘cell confessions’
A quiet month for employment cases still delivers key legal clarifications. In his latest Employment Law Brief for NLJ, Ian Smith reports that whistleblowing protection remains intact even where disclosures are partly self-serving, provided the worker reasonably believes they serve the ‘public interest’ 
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