Disclosure Requirement Upon Change of Expert

In Burke v Imperial Healthcare [2019] EWHC 3719, the English High Court confirmed the default position of requiring disclosure of a first expert’s report or draft report where a party seeks to change experts without good explanation, holding that without an explanation making it clear there is no issue relating to expert shopping, there will always be a hint of expert shopping and that is enough, upon a change of expert, to give rise to the imposition of the condition requiring disclosure of the previous expert’s report or draft report.

Read the case note prepared by one of our sponsors, Harneys.

See also the review of this case by Counsel involved in the case from 12 King’s Bench Walk.

About Phillip Rompotis

Phillip practices as a barrister and arbitrator in Hong Kong. He has over 25 years’ litigation and arbitration experience in commercial disputes relating to construction & engineering, financial services, joint venture & shareholders agreements, technology, trusts, property and landlord & tenant. He is a Fellow of the Chartered Institute of Arbitrators, the Hong Kong Institute of Arbitrators, the Singapore Institute of Arbitrators, the Malaysian Institute of Arbitrators, and a member of various lists/panels of arbitrators.


Leave a Reply

Your email address will not be published. Required fields are marked *