Wragge Lawrence Graham & Co

UK 200 2014 position: 28

Accountability — April 2014: notice of an expert’s intention to retire must be given promptly

The case of Clarke v Barclays Bank plc and another [2014] EWHC 505 (Ch) has highlighted the importance of notifying the court promptly if an expert retires or withdraws from a case.

Mr Clarke brought a claim in 2010 against his mortgagee, Barclays, for having sold his property at a gross undervalue. Barclays joined the surveyor as a third party, claiming that it had relied upon their advice. The case management directions permitted each party to adduce expert evidence (limited to one expert per party) and provided for the sequential exchange of expert reports, with Barclays and the surveyor responding to the claimant’s report once it had been finalised…

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