Civil Procedure Rules: Expert witnesses and damages-based agreements – do they mix?

Ian Gascoigne discusses the potential pitfalls ‘An expert retained in any contentious proceedings must not enter into any arrangement that could compromise his impartiality, nor make a payment to him dependent on the outcome of the case.’ Whenever a revision occurs in the court rules, the role of the expert witness becomes a more difficult …
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Cases Referenced

  • Cala Homes (South) Ltd & ors v Alfred McAlpine Homes East Ltd [1995] EWHC 7 (Ch)
  • R (on the application of Factortame & ors) v Secretary of State for Transport (Factortame No 8) [2002] EWCA Civ 932
  • Whitehouse v Jordan [1980] UKHL 12