Summary

The Claimant alleged that the Defendant was in breach of the agreement between the parties for the supply of single alpha chain collagen. The judge was critical of the Claimant’s expert witnesses, in particular noting that he would have had to direct further accounting expert evidence be produced, if the evidence had been required.

Learning points

Learning points for instructing parties

• If you provide an expert with additional factual material or assumptions on which to rely, it is important for this material to be clearly identified both to the other party and the court.

Learning points for experts

• Make sure you set out the information you have relied on and show your workings so that the court can understand how you have reached your conclusions.

• Ensure that all the assumptions you have made in forming your opinion are either clearly set out in your report or in the instructions included with the report.

• Try to obtain the actual numbers (e.g. numbers of sales) before choosing to rely on assumptions.

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