Jurisdiction(s):
United Kingdom

Single joint experts shared by co-defendants: Court of Appeal (England and Wales) on conflicts, the overriding objective and restriction of expert evidence (CPR 35/CAT) in Stellantis v Autoliv

Published on: 27 June 2024

Published by a LexisNexis Dispute Resolution expert

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Article summary

Stellantis Auto SAS & others v Autoliv AB & others [2024] EWCA Civ 609 What are the practical implications of this case?

Although earlier authorities have addressed the appointment of a single joint expert between opponents, there has, until now, been little examination of when the court may require parties on the same side to share such an expert. This decision provides valuable guidance, clarifying the approach to be taken in that scenario.

The court confirmed that, in determining whether a single joint expert is appropriate, two core factors will be paramount: first, the imperative to manage proceedings justly and proportionately in accordance with the overriding objective; and second, the obligation to limit expert testimony to what is reasonably necessary for resolving the claim.

Perhaps most noteworthy for practitioners—particularly those involved in multiparty litigation—are the parts of the judgment considering the significance of potential conflicts of interest where an expert is shared. In this case, the Court of Appeal held that no material conflict of interest existed between the defendant groups, who were...

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