Expert witnesses play a crucial role in many disputes.
Yet, as recent cases show, expert evidence is only useful if it is properly managed.
In Dana UK Axle Ltd v Freudenberg FST GmbH (2021), the High Court excluded large parts of an expert’s report because of failures to follow the Civil Procedure Rules (CPR Part 35). This wasted time, increased costs, and undermined the party’s case.
So what should litigants and their advisers keep in mind?
The expert’s duty is to the court
Whatever their client might want, experts owe their primary duty to the court. This means:
- Reports must be independent and objective.
- Experts cannot simply repeat their client’s arguments.
- Failure to comply can lead to evidence being disregarded entirely.
Common pitfalls
- Using undisclosed documents: Experts must only rely on material shared with the other side. Hidden reliance can result in evidence being struck out.
- Scope creep: Experts straying into legal opinion, rather than technical expertise, risk overstepping their role.
- Lack of supervision: Lawyers must ensure instructions to experts are clear, documented, and CPR-compliant.
“Hot-tubbing” and new approaches
In technical disputes, judges increasingly use concurrent expert evidence (so-called “hot-tubbing”), where experts are questioned side by side. This can clarify complex issues – but requires careful preparation.
How Lewis Nedas can help
Our dispute resolution team works closely with expert witnesses in property, housing, and commercial cases. We ensure:
- Experts are properly instructed and briefed.
- Reports comply with CPR requirements.
- Evidence is presented effectively to support your case.
Contact our Dispute Resolution Lawyers
We understand that expert evidence can make or break a claim. With our guidance, clients can avoid costly mistakes and keep their case on track.
For clear advice on managing expert witnesses in property and commercial disputes, contact Lewis Nedas on 020 7387 2032 or complete our online enquiry form. Our experienced lawyers will guide you through the process and protect your case.