- Expert reports can be critical to proving a client’s case.
- Failure to screen for clauses such as routine disclaimers can be fatal to admissibility and may lead to a professional negligence claim.
Expert reports have been under the judicial spotlight recently. In some cases, expert evidence has been excluded due to non- compliance with the relevant legislative requirements. Failure to screen for clauses such as routine disclaimers can be fatal to admissibility and ultimately a client’s case. Solicitors are also at greater risk of professional negligence claims arising in these circumstances.
Two recent decisions highlight the problems and deficiencies that can occur in expert reports or evidence and the attendant risks for clients as well as solicitors.