Kerry Underwood

CONTINGENCY FEES, EXPERTS AND TRIBUNALS

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The matters dealt with in this piece are examined in great detail in my three volume, 1,300 page book Personal Injury Small Claims, Portals and Fixed Costs – price £50 and available from Underwoods Solicitors here.

Kerry Underwood offers consultancy services in relation to this and other matters and details are here.

In

Merlin Entertainments Group Limited v Cox (Valuation Officer) [2018] UKUT 406 (LC) 11 December 2018

the Upper Tribunal (Lands Chamber)(UT), in a valuation appeal, held that a party’s attempt to present expert evidence as factual evidence was an abuse of process as the objective was to hide the fact that the expert was acting under a Contingency Fee Agreement, which would normally result in the Upper Tribunal refusing to receive that evidence.

In

Gardiner and Theobald LLP v Jackson (Valuation Officer) [2018] UKUT 253 (LC)  

the Upper Tribunal stated that it was wholly unacceptable for an expert witness in tribunal proceedings to enter into a Contingency Fee Agreement without disclosing it to the tribunal and other parties, and here the Upper Tribunal stated that that applies when experts disclose information and give evidence on factual issues, as well as when they give an expert opinion.

The Upper Tribunal held that there was no distinction between an expert using her or his expertise to assemble information and data to assist a court or tribunal in deciding an issue, and an expert giving evidence for the same purpose.

It could not be right for an expert to present even purely factual evidence without disclosing to the court or tribunal, and to the other parties, that she or he was remunerated under a Contingency Fee Agreement.  

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Written by kerryunderwood

March 7, 2019 at 6:42 am

Posted in Uncategorized

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