In this podcast, David Sawtell looks at the recent decision in Blackpool Borough Council v Volkerfitzpatrick Ltd on the procedure to adopt when challenging the admissibility of expert evidence on the grounds that the evidence is not independent. In that case, the defendant made an interlocutory application that the claimant should not be allowed to rely on expert evidence as it was not properly independent. David looks at the test of ‘independence’ in litigation in England and Wales. He then goes on to consider what the case says about ‘testing houses’, single joint experts and the procedure that should be adopted when making such challenges.
The podcast is approximately 14 minutes long.