Expert’s conflict of interest

Toth v Jarman CA TLR 17 August

A conflict of interest does not automatically disqualify an expert’s evidence but it is important that any conflict should. be disclosed as early as possible, so that the court can decide for itself whether it could act in reliance upon the expert’s evidence. The practice of the court is set out in the new Protocol for the Instruction of Experts to give evidence in civil claims. Paragraphs 35.16–35.38 in the Civil Procedure Rules 2006 did not refer in terms to the need for disclosure by an expert of a conflict or potential conflict of interest. The Civil Procedure Rules Committee should give consideration to requiring an expert to make a statement at the end of his report on the following lines: