Summary

The claimants, who carried on a business breeding falcons, made allegations of harassment and nuisance against their neighbour, who operated a small farm neighbouring their property. While the judge accepted some of the claimants’ criticisms of one of the defendants’ experts, he also noted that the claimants could not complain about the consequences of their putting in new evidence that was not in accordance with the timetable laid down at the CCMC.

Learning points

Learning points for experts:

• Remember that you must provide independent and objective evidence and that your overriding duty is to the court.

• Be wary of relying on evidence of activity that occurred significantly after the timing of the alleged acts.  

• You should disclose any involvement you had in the matters arising in the case, prior to your formal instruction as an expert.

Learning points for instructing parties:

• Make sure you check that your expert has included the correct declarations and statements of truth.

• You may struggle to argue credibly that the court should take into account incorrect declarations in the opposing expert’s evidence, if your expert has made equivalent mistakes.

• Not providing evidence in accordance with pre-trial directions can lead to the parties struggling with an untidy process.

• If you put in new evidence otherwise than in accordance with the timetable laid down at the CCMC, you will struggle to complain successfully about the consequences.

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