Sarah Worthington, ‘Experts As Fiduciaries – An Academic Distraction’

“The most contested issue in Secretariat Consulting Pte Ltd v A Company [2021] EWCA Civ 6 was, in the end, irrelevant to the outcome. The ‘novel and potentially significant’ issue was whether an expert – here a litigation support expert – owed a fiduciary duty to its client. There was no direct English authority. The trial judge decided the expert was a fiduciary; the Court of Appeal held the fiduciary point to be ‘an academic distraction … immaterial to the real issues’ (at [64]). The client (C) was the developer of a multi-billion-dollar petrochemical plant. It was embroiled in costly disputes with one of its subcontractors and with the project manager for the entire development …” (more)

Sarah Worthington, ‘Experts As Fiduciaries – An Academic Distraction’, Cambridge Law Journal, Volume 80, Issue 2, July 2021, pp 241-244. DOI: Published online by Cambridge University Press: 2 August 2021.

First posted 2021-08-03 11:00:24

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