Summary

The claimants were seeking permission to change their expert after their solicitors admitted they had not understood, and did not comply with, applicable rules and guidance on experts' joint statements. 

Learning points

Learning points for instructing parties:

• Ensure that you understand and comply with the applicable rules and guidance governing experts’ joint statements.
• Disclose any inadvertent non-compliance as soon as you are aware of it and apologise for it to the other party.
• Permission to replace an expert is unlikely to be granted if it would vacate the trial date.

Learning points for experts:

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