Summary

The proceedings related to a petition asserting unfair prejudicial conduct of the affairs of a company. The expert witness who provided valuation evidence, wrote to the court three months after the trial expressing concerns about his own valuation report.

Learning points for experts

• If you realise, at any point, that you have made errors in your report, notify your instructing party immediately. If your report has already been served, you, or your instructing party, should notify both the opposing party and the court or tribunal as soon as possible, explaining the nature of errors and their potential implications for your evidence.
• If you are concerned that health issues may impact your ability to act, or to continue acting, as an expert witness, discuss them with your instructing party.
• Depending on the severity of the health concerns, and their corelation with the work required on the case, it may be wise to consider withdrawing.
• You must seek the permission of the court before withdrawing, but it is very likely that the court would accept your withdrawal in these circumstances.
• You should be aware that you may be open to a claim for additional costs, such as for an appeal and rehearing, if these additional costs are the result of your actions.  

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