Expert witness owed fiduciary duty of loyalty

In A Company v X, Y and Z [2020] EWHC 809 (TCC), O’Farrell J held that the claimant, who had retained the defendants to act as expert witnesses, was entitled to an interim injunction to restrain the defendants from acting as experts for a third party in connection with related arbitration proceedings which had been commenced by the third party against the claimant. It was held that the defendants owed a fiduciary duty to the claimant and that it would be a breach of that duty for the defendants to act as experts in the way that had been proposed.