header-logo header-logo

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

Closing down

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

NLJ Career Profile: Maryam Syed KC, Church Court Chambers

NLJ Career Profile: Maryam Syed KC, Church Court Chambers

From childhood dreams of the Bar to some of the country's most challenging cases, Maryam Syed KC explains why she has never stopped standing up for others

DAC Beachcroft—Richard Breavington, Rachel Ford & Daniel Guilfoyle

DAC Beachcroft—Richard Breavington, Rachel Ford & Daniel Guilfoyle

DAC Beachcroft significantly expands Cyber team, hiring three Cyber partners

Browne Jacobson—Professor Clive Kay

Browne Jacobson—Professor Clive Kay

Browne Jacobson appoints senior healthcare leader Professor Clive Kay as strategic adviser

NEWS
CEDR has announced the death of its Founder President and first Chief Executive, Dr Karl Mackie CBE
Consumers will receive their Merricks v Mastercard compensation in the first half of next year, class representative and former Financial Ombudsman Walter Merricks has said
A law firm was not entitled to payment for jointly administering an estate as there was no charging clause in the will, the High Court Senior Courts Costs Office has ruled
The so-called ‘Dieselgate’ quantum trial will go ahead against Mercedes, after the High Court rejected an attempt by car owners to delay the proceedings
The Ministry of Defence (MoD) must pay the bulk of the legal costs in the military deafness litigation, the High Court has held
back-to-top-scroll