EXPERT WATCH 78 : “ROWING BACK”?: WHEN AN EXPERT CHANGES THEIR VIEW AFTER THE JOINT REPORT: “THAT IS NOT THE FAIR OR PROPER WAY FOR PUTTING NEW EXPERT EVIDENCE BEFORE THE COURT”

Here we look at a case where an expert essentially changed their mind after a joint report.  Although the expert stated that he had not "rowed back" the judge was clear that there had been a change of view and that there as a real risk of unfairness to the defendant.   As it transpired the judge was...