Substitution of an Expert – from Bond Solon
A claimant has been given permission to substitute his expert witness, where the existing expert had given a number of weak reasons why he could no longer act. In the circumstances, he was clearly an unwilling witness. Although the court was resistant to expert shopping, the question was whether the claimant could have a fair trial. There was nothing to suggest that the claimant knew of the potential difficulties when they instructed the original expert and the case was still at an early stage. Expert evidence was central to the case and it was in the interests of justice to allow the claimant to appoint a new expert.
Please read the full article on the Bond Solon website:
https://www.bondsolon.com/can-an-expert-witness-withdraw-from-a-case/
Hussain v QIC Europe Ltd [2022] Leeds County Court, 16 May 2022 (judgment not yet publicly available)