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Hearsay notices: Expert evidence through the back door? By Danielle Carr, Partner, Rosenblatt Limited

17th May 2019

Danielle Carr, Partner in Dispute Resolution, explores a recent decision in which expert evidence was adduced using a novel approach (Illumina, Inc & Anor v TDL Genetics Limited & Ors).

In the case, the court held that an expert’s report in earlier proceedings could be relied on in later proceedings under a hearsay notice, without requiring the permission of the court. In particular, CPR Part 35 was not engaged where the expert had not been instructed by one of the parties and was not instructed for the purposes of those later proceedings. However, little weight is likely to be given to such hearsay evidence and (given the court’s power to exclude evidence) parties should not assume they have ‘carte blanche’ to introduce such evidence as they wish. See full article here.

Danielle Carr (Partner in Dispute Resolution at Rosenblatt) is on LexisPSL’s Expert Panel of case analysis authors. The attached article was first published by Lexis®PSL on 16/05/2019.

This article is provided for information purposes only and does not constitute legal advice.

If you would like any further information, please contact Danielle Carr by email at danielle.carr@rosenblatt-law.co.uk or by telephone on 020 7955 0880.