Fitzroy Robinson Ltd v Mentmore Towers Ltd & Others [2009] EWHC 1552 (TCC)

When the issue of expert evidence came to be considered, the Judge noted that the original expert joint statement was of no value at all. The Judge required the experts to meet again. It turned out that the di$ culty was that the defendants’ expert had not seen all the relevant documents, possibly due to the fact that he was stood down at various times by the defendants during the preparation for the trial. The expert had placed a caveat in his report that he had read:  

“many but by no means all of the documents disclosed. To date, I have directed my reading so as to inform myself about the issues I have been asked to examine. It may be that on seeing further documents, or in discussing evidence seen by FRL’s expert… that I shall revise my opinion.”  

The caveat was not expressed strongly enough for Mr Justice Coulson. He felt it was unacceptable for the expert to come to court having been seriously hampered in his preparations but without the problems being clearly stated in his report.