Part 8 of a 10-part series for clients navigating a dispute before the DIFC Courts or in DIAC arbitration.
It's not unusual — and it isn't a failure — for an expert's opinion to change after their report has first been produced. It can happen following disclosure of further documents, a joint meeting with the opposing expert (which we'll cover in Part 9), or simply the identification of a genuine error.
What should happen
Where an expert's view genuinely changes, a properly conducted expert should, without delay and in writing, tell:
- You, the client
- The other side, usually through legal representatives if any are involved
- The Court or tribunal, where appropriate
Depending on the nature of the change, this might take the form of a short, dated addendum, or a more substantial amended report explaining the reasons for the shift.
Your role
As the client, your task here is straightforward: don't ask the expert to suppress, delay, or disguise a genuine change of opinion.
It's tempting to think of a changed opinion as bad news to be managed quietly. In reality, the opposite is true. An expert who changes their view for good reason, and says so clearly and promptly, is doing exactly what's required of them, and that transparency tends to reflect well on the credibility of the evidence overall.
A change that only comes to light later — under cross-examination, or because the other side spots it first — is far more damaging to your case than the change itself ever was.
Next: Part 9 — Meetings of Experts and Scott Schedules.