Smith J held that FST and its specialists had acted in severe and unexplained breach of the PTR order and accordingly refused FST permission to rely on the three reports. She further concluded, obiter, that their conduct constituted notably critical breaches of CPR 35, PD 35 and the 2014 Guidance which would have been adequate in themselves to justify the court excluding the relevant reports. The judgment in Dana UK AXLE Ltd v Freudenberg FST GmbH EWHC 1413 is a salutary reminder of the significance of full compliance with the rules round instructing consultants and controlling communications with these experts throughout the litigation. We comprehensively consider cases upon intake, after which typically work to achieve favorable early resolutions to the extent they may profit our purchasers and are appropriate. But when settlement isn’t potential, we aggressively litigate by way of trial with a singular focus – victory.