Current Law Cases

Scope	Expert witnesses; compellability of subpoenaed witness; Chairman of Lloyd's excused court attendance
Case	Society of Lloyd's v Clementson (No.2)
Court	(CA) Court of Appeal
Jurisdiction	UKEW
Judgment	February 21, 1996
Judges	Staughton, L.J.; Henry, L.J.; Pill, L.J.
Legislation	Lloyd's Act 1982 s.14; Supply of Goods and Services Act 1982 (c.29) s.13; Treaty of Rome 1957 Art.85
Reported	[1996] C.L.C. 1205
Reference	Times, February 29, 1996
Abstract	SL appealed against an order requiring R, the Chairman of Lloyd's, to give expert evidence in an action to recover sums paid from Lloyd's Central Fund in respect of negligent underwriting. Held, allowing the appeal, that the court had a discretion whether to compel the appearance of an expert witness, having regard to his connection with the case, whether he had other important work which might be disrupted and whether the evidence could be gained from another source of equal authority. R was being required to give evidence in the capacity of an expert, Aktieselskabet de Danske Sukkerfabrikker v Bajamar Compania Naviera SA [1983] 2 LIoyd's Rep. 210, [1983] C.L.Y. 3421 considered. Although R could give relevant evidence, there were other experts capable of providing the same information. Furthermore, R held an important office and his time should not be taken up in court unless it was essential. The subpoena was discharged.
Subject	Civil procedure
Keywords	Insurance, Competition law, Liability, Lloyds, Names
Counsel	For Lloyd's: Gordon Pollock Q.C. and Richard Jacobs. For C: Jeremy Lever Q.C. and Richard Slowe
Solicitors	For Lloyd's: Freshfields. For C: SJ Berwin & Co
Cases cited	Aktieselskabet de Danske Sukkerfabrikker v Bajamar Compania Naviera SA (The Torenia) [1983] 2 LIoyd's Rep. 210, [1983] C.L.Y. 3421