The Clarke –v- Barclays Bank [2014] EWHC decision is interesting for a number of reasons. Among other things it provides object lessons in the dangers of failing to make prompt applications and assuming cases will settle. It also highlights the dangers of being anything other than frank with the cou...
The court has always taken a dim view on changing experts or expert shopping.
The judgment seems to suggest there is a new description of failing on a procedural limb – being “Quasi-Mitchelled”.
I agree about the expert shopping. However the Claimant was not “expert shopping” here so much as deliberately delaying telling everyone. There is no doubt that if the Claimant had acted promptly he would have obtained permission to obtain a new expert. It was the failure to inform that troubled the Court. I think a similar decision would have been reached pre-Mitchell (by some judges in any event).