Order against expert witness

Phillips and others v Symes and others ChD TLR 5 November

The claimants, who alleged that a consultant psychiatrist who had given evidence had acted in serious breach of his duties to the court under CPR Part 35, obtained an order joining him to the proceedings for the sole purpose of pursuing a costs order against him. Whether or not a person should be warned of the risk that a costs order might be made against him, and how a person should be warned, was to be approached on a case-by-case basis. However, the only warning required to be given to an expert was the self-evident one set out in the CPR and the declaration or statement of truth set out in paragraph 2.4 of Practice Direction 35, which the expert had to verify. That declaration warned the expert, in effect, that he could be subjected to contempt proceedings if he gave false evidence. Therefore, in the context of an expert witness, no further warning is required. Accordingly, the court has power to make a costs order against an expert who, by his evidence, causes significant expense to be incurred and did so in flagrant reckless disregard of his duties to the court.