Parties often seek to rely upon expert evidence, in particular evidence of foreign law, at interlocutory hearings. Commonly, an expert report will be adduced even though the expert is not expected to attend, or be cross-examined at, the hearing. Such hearings very often occur at an early stage in proceedings, in particular in applications for service out or disputing the jurisdiction of the English courts. Rarely, when this happens, has the party relying on the expert evidence already been before the court to seek permission to rely on such evidence. The question is, should they? Continue reading →