header-logo header-logo

08 April 2022 / Dr Chris Pamplin
Issue: 7974 / Categories: Features , Profession , Expert Witness
printer mail-detail

Buyer beware: the hazards of expert shopping

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 expert’s evidence will be more favourable to the party.

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

Jurit LLP—Caroline Williams

Jurit LLP—Caroline Williams

Private wealth and tax team welcomes cross-border specialist as consultant

Freeths—Michelle Kirkland Elias

Freeths—Michelle Kirkland Elias

International hospitality and leisure specialist joins corporate team as partner

Flint Bishop—Deborah Niven

Flint Bishop—Deborah Niven

Firm appoints head of intellectual property to drive northern growth

NEWS
Talk of a reserved ‘Welsh seat’ on the Supreme Court is misplaced. In NLJ this week, Professor Graham Zellick KC explains that the Constitutional Reform Act treats ‘England and Wales’ as one jurisdiction, with no statutory Welsh slot
The government’s plan to curb jury trials has sparked ‘jury furore’. Writing in NLJ this week, David Locke, partner at Hill Dickinson, says the rationale is ‘grossly inadequate’
A year after the $1.5bn Bybit heist, crypto fraud is booming—but so is recovery. Writing in NLJ this week, Neil Holloway, founder and CEO of M2 Recovery, warns that scams hit at least $14bn in 2025, fuelled by ‘pig butchering’ cons and AI deepfakes
After Woodcock confirmed no general duty to warn, debate turns to the criminal law. Writing in NLJ this week, Charles Davey of The Barrister Group urges revival of misprision or a modern equivalent
Family courts are tightening control of expert evidence. Writing in NLJ this week, Dr Chris Pamplin says there is ‘no automatic right’ to call experts; attendance must be ‘necessary in the interests of justice’ under FPR Pt 25
back-to-top-scroll