Experts under scrutiny: TCC considers rules and best practice in communications with single joint experts and refuses to rule expert evidence inadmissible

In recent years the TCC has levelled forceful criticism of experts who have failed to display proper independence.  However, in the latest TCC judgment of Blackpool Borough Council v Volkerfitzpatrick Ltd & Ors [2020] EWHC 387 (TCC), the court refused to grant an application for expert evidence to be ruled inadmissible and the claim that it supported be struck out.  The court found on the facts that, while the experts may not have followed best practice, they had not breached their duties under CPR Part 35 or otherwise compromised their independence.

The case is particularly interesting as it addresses a common scenario whereby the parties jointly engage a third party testing house to undertake certain site tests and investigations for the party-appointed experts to use in their analysis.  The defendant objected to the claimant’s experts’ unilateral communications with the testing house, and more so to their later request to the testing house to conduct further tests without informing the other experts.   This will be a welcome judgment at a time when we are seeing an increasing number of threatened and actual challenges to experts in litigation and arbitration.

To access the full article on this case, please click here.

[show_profile name='Emma' surname='Schaafsma' jobtitle='Partner, Dispute Resolution' phone='+44 20 7466 2597']