Independent Experts: Lessons From The Courts

Over the past few years there have been a number of cases in the TCC, and the courts generally, which provide useful guidance for those seeking to deploy expert evidence in TCC proceedings.¹  Some of them provide a devastating critique of what an expert should not do when he finally takes the stand.  Others provide some useful lessons learned that can be taken into account from the early stages of proceedings, including when you are first deciding whether to instruct an expert. 

In this Insight we review some of these key cases on experts in recent years and ask what lessons can be learned from them.  Before doing this we first look at the rules as to when expert evidence will be allowed in TCC proceedings.