Challenging an Expert’s Independence

Liverpool Roman Catholic Archdiocesan Trustees Inc v Goldberg (Ch D TLR 9 March)

1. If the evidence of an expert is alleged to be inadmissible, the point should be raised as soon as possible. A determination of the point early would save costs and assist case management generally. Moreover, the decision on admissibility might be challenged in the Court of Appeal, which would be precluded if the decision on admissibility was reached only very shortly before the trial. If the decision turned out to be wrong, the trial would go ahead on a false basis and the Court of Appeal might feel that there was no option but to order a retrial. Alternatively, the trial date would be lost while the question of admissibility went to the Court of Appeal.