The High Court has allowed claimants to change their expert witness in a £40m claim after they received three reports from their first choice.
Ruling in Avantage (Cheshire) Ltd & Ors v GB Building Solutions Ltd & Ors, Mrs Justice O’Farrell noted the defendants’ concerns that the switch appeared to be an ‘exercise in expert shopping’, particularly given that the expert earmarked for replacement was qualified and available to give evidence at trial.
But despite these concerns, and the reasons for the switch initially being unclear, the judge said it was accepted that the claimants were not now happy with their choice of expert and were entitled to make a change. ‘It is in the interests of justice that the claimants should have permission to rely on an expert in whom they have confidence,’ said the judge.
The case itself is a claim arising out of a fire at a retirement village in Crewe in 2019. The owners seek damages in respect of alleged deficiencies in the design and construction of the property.
The court imposed a condition that the three reports prepared by the deposed witness must be disclosed, including any draft reports.
Any further documents in which this expert expressed opinions, including on the issue of sprinkler design and their impact on the spread of fire, must also be disclosed.
But the judge ruled that the claimants’ solicitors should not be required to disclose attendance notes of their discussions with the expert. She added: ‘Such an order would cause practical difficulties in producing redacted versions of the documents that were of any probative value. Further, such an order would constitute an unnecessary invasion of the claimants’ privilege in circumstances where there is no suggestion of any culpable behaviour on the part of the claimants or their experts.’
