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Rules? What rules? The non-compliant expert

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29 July 2022 / Mark Solon
Issue: 7989 / Categories: Features , Profession , Expert Witness
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Experts must comply with the fundamental duty to assist the court, says Mark Solon
  • A look at the recent case of Pal v Damen and another, where the claim was for clinical negligence arising from an operation.
  • Master David Cook said the expert’s report lacked substance and did not comply with the CPR.

As well as being an expert in a particular field, following the rules of how to act as an expert is essential. An expert who failed to follow even the basic requirements of the Civil Procedure Rules Part 35 did not impress Master David Cook in Pal v Damen and another [2022] EWHC 4697 (QB). The decision reiterates the need for experts to follow the required form of a court compliant report. The report can indicate if an expert has complied with the fundamental duty to assist the court and consequentially the weight given to the opinion proffered.

The claimant brought an action for clinical negligence arising from an operation conducted in Belgium. The defendants

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