Armstrong and others v ERS Syndicate Management Ltd t/a Equity Red Star

Personal injury – Skilled witness instructed under contingency fee agreement – Admissibility of evidence. Sheriff Appeal Court: Allowing an appeal in conjoined actions in which the pursuers sought damages for personal injuries resulting from a road traffic accident, the court held that the sheriff had erred in repelling an objection to the admissibility of the evidence of a skilled witness for the pursuers instructed under a contingency fee agreement: the cases did not fall into the category of 'very rare' cases in which the court was entitled to conclude that an expert instructed under a such an agreement could be viewed as truly independent and impartial; the sheriff should have sustained the objection on the basis that the skilled witness was not truly independent and impartial.

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