Gardiner & Theobald LLP v Jackson [2018] UKUT 253 (LC)



Judge: Sir David Holgate, AJ Trott

Citation: [2018] UKUT 253 (LC)

Summary:

It would be rare for a Court to consent to an expert witness being instructed under a CFA and wholly unacceptable for an expert witnesses not to declare the CFA in sufficient detail at the outset.

Longer text:

The Upper Tribunal Lands Chamber has considered the obligations and independence of expert witnesses and expressed the view that it was wholly unacceptable for an expert witness, or the practice for which the witness worked, to enter into a CFA without having declared that fact in sufficient detail to the Tribunal and the parties from the outset.  It would be rare for the Court to consent to an expert witness being instructed under a CFA.

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