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23 November 2012 / Mark Solon
Issue: 7539 / Categories: Features , Expert Witness
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Be prepared

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Parties must do their homework prior to expert witness discussions, warns Mark Solon

A discussion between expert witnesses to narrow the issues in a dispute can be a little like the office Christmas party. When it goes well, it improves communication and enables business to be done more efficiently. When it goes badly, each party feels aggrieved, no-one remembers exactly how they got where they ended up, and there is good chance someone might end up suing.

Directing a discussion

Experts meetings fall under Pt 35.12 of the Civil Procedure Rules (CPR), although the provisions are notable for their brevity. The court may direct at any stage a discussion between experts; requiring experts to identify and discuss the expert issues in the proceedings and, where possible reach an agreed opinion on those issues.

The court is allowed to specify the issues which the experts must discuss, and is likely to direct that the experts provide a schedule of the areas on which they agree and disagree. Quite key to these provisions is that

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NEWS
Cheshire West, which established an ‘acid test’ for deprivation of liberty safeguards, has been overturned by the Supreme Court
The Chancery Division and other segments of the High Court are to be replaced by a new Business and Property Division (BPD), in a major civil justice shakeup
Law firms that hold client money will need to file annual accountants’ reports and make a declaration, the Solicitors Regulation Authority (SRA) confirmed this week
Two district judges and a tribunal judge have been sanctioned for delays in delivering judgments and orders
Private equity (PE) investment into UK law firms halved to £250m last year, but deal volume rose, according to research by Acquira Professional Services’ Momentum private equity market tracker
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