University of Manchester v John McAslan & Partners Ltd & Anor [2022] EWHC 2750 (TCC) (02 November 2022)

University of Manchester v John McAslan & Partners Ltd & Anor [2022] EWHC 2750 (TCC) (02 November 2022)

The court will grant permission for the Claimant to adduce expert evidence from Mr. Stagg, but will not impose the broad disclosure conditions sought by LOR. Disclosure of previous expert reports is appropriate and has already occurred, but disclosure of solicitors' attendance notes or other privileged documents is not justified absent strong evidence of expert shopping, which is not present in this case.

Citation
[2022] EWHC 2750 (TCC)
Parties
Claimant: The University of Manchester; First Defendant: John McAslan & Partners Limited; Second Defendant: Laing O'Rourke Construction Limited; Third Party: Gifford Global Limited
Jurisdiction
England and Wales
Judgment Date
02 November 2022
Procedural Posture
Civil Construction Dispute / Costs and Case Management Conference
Outcome
Permission granted to Claimant to adduce expert evidence from Mr. Stagg without additional disclosure conditions.
Legal Topics
Expert Evidence, Disclosure, Case Management, Expert Shopping
Civil Procedure Construction Law Expert Evidence Disclosure Case Management Expert Shopping

Case Brief

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Parties

The University of Manchester

Claimant

John McAslan & Partners Limited

First Defendant

Laing O'Rourke Construction Limited

Second Defendant

Gifford Global Limited

Third Party

Procedural Posture

Civil Construction Dispute / Costs and Case Management Conference

Legal Issues

  1. 1 Whether conditions should be attached to permission for the Claimant to adduce expert evidence
  2. 2 Whether there has been expert shopping by the Claimant
  3. 3 Scope of disclosure required when changing experts

Ratio Decidendi

The court will grant permission for the Claimant to adduce expert evidence from Mr. Stagg, but will not impose the broad disclosure conditions sought by LOR. Disclosure of previous expert reports is appropriate and has already occurred, but disclosure of solicitors' attendance notes or other privileged documents is not justified absent strong evidence of expert shopping, which is not present in this case.

Court Disposition

Permission granted to Claimant to adduce expert evidence from Mr. Stagg without additional disclosure conditions.

Orders

  • Claimant to disclose any further reports or documents from previous experts expressing opinions relevant to the dispute if such documents come to light.
  • No order for disclosure of solicitors' attendance notes or privileged communications.