Case law
Conflicts of interest and disclosure — Toth v Jarman; EXP v Barker
An expert must disclose anything that could undermine their independence. Toth v Jarman [2006] EWCA Civ 1028 and EXP v Barker [2017] EWCA Civ 63 show how seriously the courts take undisclosed connections.
Key points
- Disclose any interest or connection — to a party, to the subject matter, or to the other expert — that might affect, or appear to affect, independence.
- In EXP v Barker, an expert's significant undisclosed professional connection to a party's expert seriously damaged the weight of his evidence.
- Disclose early and in writing; let the court decide whether the connection matters, rather than judging it yourself.
Official sources
General information to help experts and instructing parties understand the framework for expert evidence in England & Wales. It is not legal advice. Always work from the current official sources, which are linked on each page.