4 July Case Updates When lawyers interfere with a Joint Statement TCC Guide, Civil Procedure Rules, 12. Experts Discussions and Joint Statements The claimants were seeking permission to change their expert after their solicitors admitted they did not comply with applicable rules and guidance on experts' joint statements. Jenni Glover & Anor v Fluid Structural Engineers & Technical Designers Limited & Ors [2024] EWHC 1257 (TCC)
13 May Case Updates Frasers Group plc v Saxo Bank AS & Anor [2024] EWHC 188 (Comm) Civil Procedure Rules, CPR rule 35.10, Litigation privilege, Joint Expert Statements, 05. Rules and Regulations, 06. Receiving Instructions, 08. Being instructed as a Single Joint Expert, 12. Experts Discussions and Joint Statements The judge considered, but did not reach a conclusion on, whether a party's communications with their expert before a joint meeting of experts should be disclosed.
14 March Case Updates Brendon International Limited v Water Plus Limited & Anor [2024] EWCA Civ 220 CPR, Civil Procedure Rules, Civil Evidence Act 1972, Wastewater, 05. Rules and Regulations The Court of Appeal determined that an employee of the appellant was able to provide opinion evidence because he was "qualified to give expert evidence" for the purposes of section 3 of the Civil Evidence Act 1972. However, the trial judge needs to determine what weight (if any) to give to the opinions of someone who is not an independent expert instructed in accordance with the strictures and safeguards of CPR 35.