Paying the price for expert shopping: Burke v Imperial Healthcare [2019] EWHC 3719 (QB) – 12 King’s Bench Walk
‘The judgment of Tipples J serves as a sharp reminder to parties who seek permission to change experts that they will be expected to notify the other party of their intention in advance of the hearing. Failure to do so will impose on them a duty to make full and frank disclosure and to ensure that all material information, both as to the law and the facts, is placed before the court. It is necessary to remind the court of the general rule that a party who seeks to change experts will be permitted to do so only on condition it discloses all the written evidence obtained from the former expert. To displace this general rule, the court will need to be satisfied that there is no hint of expert shopping and no attempt to withhold relevant information. ‘
12 King's Bench Walk, 10th February 2020
Source: www.12kbw.co.uk
