Summary

The defendant was contracted, during the Covid lockdowns, to source and supply sterile gowns, which the claimant subsequently asserted were not contractually compliant. Issues for expert evidence included included the sterility of the gowns and whether the claimant could have mitigated the loss by resale.

Learning points

Learning points for experts

• Take care not to give the impression that you have not rigorously engaged with the exercise you have been asked to perform. For example, even if the opposing expert did the actual drafting of the joint statement, take ownership of it as a joint document.

• Pay careful attention to the questions during oral evidence. Losing your train of thought or forgetting the questions may damage your credibility with the court.

• When giving oral evidence, being dogmatic and unwilling to make proper concessions may damage your credibility with the court.

Learning points for instructing parties

• It can be challenging in an unusual case to find experts who can provide evidence that truly fits the expert issues, but you should expend all reasonable efforts to do so.

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