Expert Evidence In Professional Negligence Claims

A recent High Court decision has provided practical guidance on the use of expert evidence in professional negligence claims.

Background

In a previous High Court case, a professional negligence claim against a quantity surveyor was struck out due to the claimant's failure to produce any expert evidence, despite three years having passed since the alleged negligent act (Pantelli v Corporate City Developments).   That case appeared to confirm the general rule that where an allegation of professional negligence is raised, the allegation has to be supported in writing by a relevant professional with the necessary expertise (albeit, in Pantelli, the points arose in an interlocutory hearing rather than at trial).