Expert Witness Journal Issue 63 October 2025 - Flipbook - Page 111
con昀氀icts of interest and Secretariat had “con昀椀rmed
you have no con昀氀ict of interest in acting for (the developer) in this engagement” and that it would “maintain this
position for the duration of your engagement”. The Court
found that this clause was agreed on behalf of all
the companies within the group even though it had
been addressed to, and speci昀椀cally signed by, only
one company. Secretariat “markets itself as one global
昀椀rm, with numerous regional o昀케ces…. [not as] a variety
of di昀昀erent companies who were free to act as if they were
unconnected.” The EPCM Arbitration appointment
would involve an overlap “of parties, role, project,
and subject matter” and clearly there would be con昀氀ict of interest.
Expert Evidence prides itself on assisting throughout the legal process where required and is a professional 昀椀rm concentrating on the four main areas
of dispute resolution; acting as expert witnesses in
昀椀nancial litigation, mediation, arbitration and adjudication. The 昀椀rm has a civil, criminal and international practice and has advised in many recent cases.
Areas of specialisation include banking, lending, regulation, investment, and tax.
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Disclaimer: The above case summary is derived from
publicly available information and is not intended to
be anything more than a statement of the author’s
views on the salient factors of the case. It is not intended and should not be understood to be legal
advice of any sort. All views are solely those of the
author and no use of the summary should be made
without statements being checked against the source
of information. Expert Evidence Limited takes no responsibility for the views expressed. The copyright of
the summary is owned by Expert Evidence Limited
but may be used with written permission which may
be forthcoming on application through the contact
us page. This news item is not intended to imply or
suggest that Expert Evidence Limited was involved
in the case, only that it is considered an interesting
legal development.
The Consequences
The decision has some important consequences for
the way that expert services 昀椀rms market and organize themselves internally. It is vital that expert 昀椀rms
consider any undertakings already made regarding
con昀氀icts of interest by subsidiary parts of a larger
group, and also that potential overlaps are not ignored in previous and potential new instructions. In
particular it is important that clients of 昀椀rms providing expert witness services are aware that the expert
does not need to owe any 昀椀duciary duty of loyalty
to them and this can be excluded in the terms and
conditions of engagement.
Link: A v B [2020] EWHC 809 (TCC) (03 April 2020)
Link: Secretariat Consulting PTE Ltd & Ors v A
Company [2021] EWCA Civ 6 (11 January 2021)
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EXPERT WITNESS JOURNAL
109
OCTOBER/NOVEMBER 2025
