Changing experts: take care!
September 2016In this article partner, Sheena Sood, and solicitor, Ben Spannuth, discuss the recent case of Allen Tod Architecture Ltd (in liquidation) v Capita Property and Infrastructure which stands as a useful reminder of the robust stance that the courts are taking where a party changes expert – even if engaged pre-action and even if communications are privileged.
In this case, the Defendant, Capita, advised by Beale & Company, was successful in its application for disclosure of the documents prepared by the Claimant’s first expert with the Court directing that privilege in such documents should be waived.
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