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How to shop for experts

In cases where one of the parties wishes to change medical experts, there seems to be one rule for defendants and another for claimants, argues Jonathan Wheeler

21 September 2017

In Vilca and others v Xstrata Ltd and another [2017] EWHC 1582, the claimants were Peruvian nationals claiming for personal injuries sustained during the course of a demonstration at a copper mine in Peru. They sought to bring proceedings in England because the Peruvian mining company had a subsidiary here, and both sides were given permission to rely on experts on Peruvian law at trial.

In the course of pre-trial shenanigans it became apparent that the defendants had instructed one expert (Mr Amado) and then instructed a second expert (Professor Revoredo) in his place. Professor Revoredo had to withdraw from the case as a result of ill health and consequently the defendants were unable to comply with a court deadline for service of her report. With the trial starting in four months’ time, they sought an extension to allow them to instruct a further expert.

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