header-logo header-logo

Closing down

30 March 2007 / Mark James
Issue: 7266 / Categories: Features , Procedure & practice
printer mail-detail

The controversial practice of expert shopping could soon be history. Mark James explains

Expert shopping has long been recognised as a vice of the adversarial sys­tem. Unlike many continental systems­—where court appointed experts are the norm—in England and Wales a party is free to select its own experts and discard those that do not support its case.

There is an obvious benefit to justice in forcing an expert shopper to disclose discarded reports. It enables the court to see the full picture and makes it more likely that justice is done. Discouraging expert shopping reduces the cost of litigation. Partisan experts writing biased reports to replace discarded reports are more easily detected, and objectivity in report writing is encouraged. Once disclosed, the discarded report may be relied upon by the other side as evidence at trial (see CPR 35.11).

Privilege

The desire to eliminate expert shopping and to do justice may, and usually will, bring the court into conflict with the doctrine of legal professional privilege. There is no doubt that, prior to disclosure to

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Gibson Dunn—London partner promotions

Gibson Dunn—London partner promotions

Firm grows international bench with expanded UK partner class

Shakespeare Martineau—six appointments

Shakespeare Martineau—six appointments

Firm makes major statement in the capital with strategic growth at The Shard

Myers & Co—Jess Latham

Myers & Co—Jess Latham

Residential conveyancing team expands with solicitor hire

NEWS
One in five in-house lawyers suffer ‘high’ or ‘severe’ work-related stress, according to a report by global legal body, the Association of Corporate Counsel (ACC)
The Legal Ombudsman’s (LeO’s) plea for a budget increase has been rejected by the Law Society and accepted only ‘with reluctance’ by conveyancers
Overcrowded prisons, mental health hospitals and immigration centres are failing to meet international and domestic human rights standards, the National Preventive Mechanism (NPM) has warned
Two speedier and more streamlined qualification routes have been launched for probate and conveyancing professionals
Workplace stress was a contributing factor in almost one in eight cases before the employment tribunal last year, indicating its endemic grip on the UK workplace
back-to-top-scroll