header-logo header-logo

Changing sides

18 January 2007 / James Levy
Issue: 7256 / Categories: Features , Expert Witness , Procedure & practice
printer mail-detail

James Levy considers when courts will allow parties to change experts

In litigation cases, the expert’s overriding duty is to the court and not to the party who either instructs or pays him. As such, situations can arise when experts who have written a supportive report decide that the other side has a valid argument and that they are no longer sure of the merits of your client’s case. This was the position in Stallwood v David [2006] EWHC 2600 (QB), [2006] All ER (D) 286 (Oct).

While the overriding objective requires the court to deal with cases justly, the court has held that it would be wrong to have a total bar on a party being allowed to replace its expert. Generally, however, the court will not allow a party to change its expert simply because the expert no longer fully supports its case. Furthermore, the Civil Procedure Rules (CPR) acknowledge that experts may, as a result of their discussion with the other side’s expert, change or modify their opinion.

Stallwood

The court

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

Weightmans—Emma Eccles & Mark Woodall

Weightmans—Emma Eccles & Mark Woodall

Firm bolsters Manchester insurance practice with double partner appointment

Gilson Gray—Linda Pope

Gilson Gray—Linda Pope

Partner joins family law team inLondon

Jackson Lees Group—five promotions

Jackson Lees Group—five promotions

Private client division announces five new partners

NEWS
Transferring anti-money laundering (AML) and counter-terrorism financing supervision to the Financial Conduct Authority (FCA) could create extra paperwork and increase costs for clients, lawyers have warned 
In this week's NLJ, Bhavini Patel of Howard Kennedy LLP reports on Almacantar v De Valk [2025], a landmark Upper Tribunal ruling extending protection for leaseholders under the Building Safety Act 2022
Writing in NLJ this week, Hanna Basha and Jamie Hurworth of Payne Hicks Beach dissect TV chef John Torode’s startling decision to identify himself in a racism investigation he denied. In an age of ‘cancel culture’, they argue, self-disclosure can both protect and imperil reputations
As he steps down as Chancellor of the High Court, Sir Julian Flaux reflects on over 40 years in law, citing independence, impartiality and integrity as guiding principles. In a special interview with Grania Langdon-Down for NLJ, Sir Julian highlights morale, mentorship and openness as key to a thriving judiciary
Dinsdale v Fowell is a High Court case entangling bigamy, intestacy and modern family structures, examined in this week's NLJ by Shivi Rajput of Stowe Family Law
back-to-top-scroll