Citation: [2023] EWHC 802 (TCC)
Summary of Facts
In the matter of a claim for damages arising from a fire at a retirement village, the court acceded to the claimants' requests for the appointment of a new expert witness to replace the original forensic scientist who was unable to give evidence due to illness. Given the reason for needing to replace the forensic scientist, the claimants were not required to disclose the original expert's reports, draft reports, or other documents containing her opinion. Despite the absence of expert shopping, the court still imposed conditions on the change of expert, namely, disclosure of her reports and notes pertaining to site inspections and interviews as they contained pertinent, primary information/facts that was not available to the other experts. The court also granted the claimants' application to appoint a new fire engineering expert, as they had lost confidence in the original appointment. As this was an instance of expert shopping, the original engineer's reports, including drafts and other documents expressing his opinions regarding the dispute, would need to be disclosed.
Held
Applications granted, subject to conditions. Charlie Thompson acted for the Second Defendant. A copy of the judgment is available here.
