i-law

Litigation Letter

Setting Aside Witness Summons to Expert

Brown v Bennett (TLR 2 November Ch D)

Where solicitors had informed an expert witness that they were no longer able to pay her fee, they should not be allowed to circumvent paying her fee by issuing a witness summons. It would only be in exceptional cases that an expert who could not expect to be paid would be compelled to give evidence. The witness summons was set aside.

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