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Legal Update

Changing experts: the potential consequences

23 September 2016
Mayer Brown Legal Update
In the recent case of Allen Tod Architecture Ltd (in liquidation) v Capita Property & Infrastructure Ltd [2016] EWHC 2171 (TCC) the Court held that permission to call a second, replacement expert at trial, was conditional on disclosure of documents containing the first expert's opinion.
The substantive proceedings concerned a claim in professional negligence against a structural engineer. The main order for directions in the proceedings gave the parties permission to adduce expert evidence (in accordance with CPR 35.4) by reference to discipline, rather than by reference to named expert. In addition, a party seeking to call expert evidence orally at trial had to apply for permission prior to filing pre-trial checklists.
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