Expert witnesses: what’s the price of a change of mind?

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When an expert witness changed his mind under cross-examination, should that have impacted the costs award?

MJ Gleeson submitted a planning application for 139 dwellings at Runcorn – or rather, in the vicinity of Runcorn Chemicals Complex. The Health & Safety Executive (HSE) was a tad sniffy and advised against it on health grounds. No matter, said the local council’s planning department, adding it had extensive experience and history with the chemicals industry and “had a robust approach to taking risks posed by such developments”. On top of that, the council took advice from a specialist risk management consultant firm with extensive experience as expert witness.

Fair enough, methinks. Not so the HSE. It coaxed the secretary of state for housing to call in the planning permission. And so the stage was set for an all-singing, all-dancing piece of litigation with solicitors and barristers and expert witnesses. The case is called: the King (on the application of Halton Borough Council) vs the Secretary of State for Levelling-up, Housing, Communities & Local Government. 

Now, here is a spoiler in more than one sense. During the High Court hearing, the very experienced expert appointed by the council and hitherto wholly in support of granting planning permission completely changed his mind! 

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