30 December Case Updates Amr Danyall Marshal & Ors v Awais Javed & Ors [2025] EWHC 3195 (Ch) Forensic accountancy, CPR, Admissibility of expert evidence, 07. Receiving Instructions, 06. Rules and Regulations, 11. Report Writing, Hearsay evidence The judge found that the report by the claimants’ forensic accounting expert was not expert evidence because it simply reported what the underlying documents said in a more digestible way, without adding any expert opinion. On the one or two occasions where the expert did offer an opinion, they were not opinions on any accountancy matter.
16 January Case Updates NMC Health PLC v Ernst & Young LLP [2024] EWHC 3021 (Comm) CPR, Adjournment, 06. Rules and Regulations The defendant made an application for adjournment on the proposition that it could not be ready for trial because its experts required additional time to complete their reports. However, it was unable to demonstrate that it would be unfair to proceed with the existing trial.
14 March Case Updates Brendon International Limited v Water Plus Limited & Anor [2024] EWCA Civ 220 CPR, Civil Procedure Rules, Civil Evidence Act 1972, Wastewater, 06. Rules and Regulations The Court of Appeal determined that an employee of the appellant was able to provide opinion evidence because he was "qualified to give expert evidence" for the purposes of section 3 of the Civil Evidence Act 1972. However, the trial judge needs to determine what weight (if any) to give to the opinions of someone who is not an independent expert instructed in accordance with the strictures and safeguards of CPR 35.
8 February Case Updates Yesss (A) Electrical Ltd v Martin Warren [2024] EWCA Civ 14 CPR, 06. Rules and Regulations A late application to rely on a new expert witness does not engage CPR rule 3.9 and require an application for relief from sanctions.