Cases - Society of Lloyd's v Clementson (No 2)

Record details

Name

Society of Lloyd's v Clementson (No 2)

Date

[1996]

Citation

Times Law Reports 29 Feb, CA

Keywords

Expert witness

Summary

The Court of Appeal allowed an appeal by the Chairman of Lloyd's against a subpoena served on him. It had been served by the defendant underwriter in an action by Lloyd's to recover sums paid from the Lloyd's central fund to discharge the defendant's liabilities.

The court said that a judge has discretion on whether to compel persons to appear as an expert witness against their will. Factors to take into account included:

1. that a court is prima facie entitled to everyone’s evidence, whether of fact or opinion;
2. whether the expert has some connection with the case in question;
3. whether the expert is willing to come, provided that their image is protected by the issue of a subpoena;
4. whether attendance at court will disrupt or impede other important work that they have to do; and
5. whether another expert of equal calibre is available.

In these circumstances the court could not accept that there was no other means for the defendants to obtain expert evidence about the workings of Lloyd's, although more than one expert may be required.

It was also a powerful point that the Chairman of Lloyd's was an important office holder who should not be required to spend days in court giving evidence, and time preparing it, unless that was essential.