Smith -v- SWM Limited [2018] JRC 065 (23 March 2018)

Smith -v- SWM Limited [2018] JRC 065 (23 March 2018)

The number of expert witnesses must be proportionate to the value and complexity of the claim. Only one expert per party is permitted, with the plaintiff allowed to call one additional independent expert (from Grant Thornton or Duff and Phelps) to ensure fairness, given the defendant's factual witnesses' expertise. Regulatory reports are admissible if the witness is available for cross-examination.

Citation
[2018] JRC 065
Parties
Plaintiff: Smith; Defendant: SWM Limited
Jurisdiction
Jersey
Judgment Date
23 March 2018
Procedural Posture
Civil Appeal / Appeal From Case Management Decisions
Outcome
appeal allowed in part
Legal Topics
Expert Evidence, Case Management, Proportionality of Proceedings, Admissibility of Reports
Civil Procedure Financial Services Regulation Professional Negligence Expert Evidence Case Management Proportionality of Proceedings Admissibility of Reports

Case Brief

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Parties

Smith

Plaintiff

SWM Limited

Defendant

Procedural Posture

Civil Appeal / Appeal From Case Management Decisions

Legal Issues

  1. 1 Whether the number of expert witnesses permitted at trial should be limited in proportion to the value and complexity of the claim
  2. 2 Whether regulatory reports (Grant Thornton and Duff and Phelps) are admissible as expert evidence
  3. 3 Whether allowing multiple experts undermines the Overriding Objective under the Royal Court Rules 2004

Ratio Decidendi

The number of expert witnesses must be proportionate to the value and complexity of the claim. Only one expert per party is permitted, with the plaintiff allowed to call one additional independent expert (from Grant Thornton or Duff and Phelps) to ensure fairness, given the defendant's factual witnesses' expertise. Regulatory reports are admissible if the witness is available for cross-examination.

Court Disposition

appeal allowed in part

Orders

  • Each party may call one expert witness on liability (Mr Cropper for the plaintiff, Mr Gray for the defendant).
  • The plaintiff may call one additional witness from either Grant Thornton or Duff and Phelps to speak to the regulatory report, at the plaintiff's choice.