High Court allows instruction of additional expert after receipt of single joint expert's report (Bulic v Harwoods)

Table of contents

• Practical implications
• Court details
• Facts
• Judgment

Article summary

On appeal, the High Court has allowed the instruction of a further expert in relation to the serious mechanical failure of a vehicle’s engine. Eady J held that (1) the issue considered by the single joint expert was fundamental to the resolution of the main issue between the parties (2) the judge in the lower court had erred in the exercise of his discretion by dismissing concerns over the technical inadequacy of the single joint expert’s report and (3) had erred in finding that the litigation was not sufficiently ‘substantial’ to justify dispensing with a single joint expert.