Summary

The claimants, who own a property adjoining with the properties of the defendants, complained that the defendants engaged in various acts of trespass on, and damage to, their property. The claimants’ expert, who replaced a retiring expert, referenced and relied on a key, but erroneous, “fact” in his predecessor’s report without checking it.

Learning points

Learning points for experts

• If you are succeeding a previous expert, treat their expert report with caution. You should only retain their findings and conclusions to the extent that you agree with, and can justify, them yourself.

• Always verify factual material in the previous expert’s report with the original source of the information.

• Explain clearly to your instructing party the extent to which you can make use of the work of the previous expert and the cost implications of this.

• Make sure you plan your retirement from expert witness work effectively. If you are approaching retirement, you can read our guidance on that topic here.

Learning points for instructing parties

• If you need to replace an expert, have a frank discussion with the new expert about the extent to which they will be able to use the work done by the previous expert.

The case

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