Q&As

Where an expert has prepared an expert report for one party (A) (which has not been disclosed and where A will be taking no further part in the proceedings)(1) Can that expert subsequently act for another (opposing) party (B) in the same proceedings, and (2) Can B and/or the expert be compelled to disclose the expert report prepared for A?

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Published on LexisPSL on 20/06/2016

The following Dispute Resolution Q&A provides comprehensive and up to date legal information covering:

  • Where an expert has prepared an expert report for one party (A) (which has not been disclosed and where A will be taking no further part in the proceedings)(1) Can that expert subsequently act for another (opposing) party (B) in the same proceedings, and (2) Can B and/or the expert be compelled to disclose the expert report prepared for A?

Where an expert has prepared an expert report for one party (A) (which has not been disclosed and where A will be taking no further part in the proceedings)(1) Can that expert subsequently act for another (opposing) party (B) in the same proceedings, and (2) Can B and/or the expert be compelled to disclose the expert report prepared for A?

We assume you are referring to (i) a draft expert report which has not been disclosed by a party who themselves have now withdrawn from the proceedings and (ii) whether one expert can act for one party who then withdraws from proceedings and the same expert then acts for another party in the same action. In conducting our research we have therefore focussed on disclosure of expert’s reports and conflicts of interest in relation to experts.

Under Part 35.11 of the Civil Procedure Rules 1998 (CPR), where a party has disclosed an expert's report, any party may use that expert's report as evidence at the trial. This will be

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