One of the most common considerations in litigation is the issue
of conflict of interest and experts.
Where a conflict of interest is found to have occurred and not
been declared, the likelihood of the court giving any significant
weight to that evidence falls quite dramatically. In short, a
conflict can defeat your case.
Conflicts of interest however can arise in a number of ways,
some of which are not obvious.
There is the traditional issue that the defendant or claimant
knows, works with or is connected in some way with the expert.
Clearly in these circumstances there is a significant issue as to
whether the expert is independent.
In more recent times of course there are issues of business
dealings. In Technomed
Limited & Another v Blue Crest Health Screening , it
was the expert's business dealings in Australia with both the
claimant and the defendant that led to the court determining that
the evidence would not be helpful. The court concluded that
