LAWYERS FAILURE TO PROVIDE OVERSIGHT OF EXPERTS LEADS TO EXCLUSION OF THEIR EVIDENCE: EXPERT EVIDENCE IS “NOT A MATTER OF RIGHT”

Over the years we have seen some biting judgments about the conduct of experts in civil litigation.  I struggle to recall one as extraordinary as the judgment of Mrs Justice Joanna Smith in  Dana UK AXLE Ltd v Freudenberg FST GmbH [2021] EWHC 1413 (TCC).  The judge excluded the defendant's expert ev...