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26 June 2009 / Mark Solon
Issue: 7375 / Categories: Features , Profession
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Decisions decisions

Part seven: Mark Solon on the dilemma of choosing a new single joint expert

Sometimes one or both parties may have needed, or have chosen, to obtain advice from an expert, particularly on liability, before proceedings are issued. If the court decides expert evidence is required, but that evidence from two experts would be disproportionate, the case management judge has a dilemma—whether to impose a new single joint expert on the parties, or to allow them to continue to retain their own experts, with the court seeking to narrow the issues in dispute on both parties’ expert opinion evidence, by requiring service of written questions on the experts, and/or by ordering an experts’ discussion.

Frequently, the relative cost, or whether involving a new expert will cause delay, will be the deciding factor.

Separate instructions

Both parties can give separate instructions to a single joint expert (CPR 35.8). In Yorke v Katra [2003] WL 21491870, the Court of Appeal held that a district judge was wrong to strike out the defence in a small claim because

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MOVERS & SHAKERS

Keystone Law—Milena Szuniewicz-Wenzel & Ian Hopkinson

Keystone Law—Milena Szuniewicz-Wenzel & Ian Hopkinson

International arbitration team strengthened by double partner hire

Coodes Solicitors—Pam Johns, Rachel Pearce & Bradley Kaine

Coodes Solicitors—Pam Johns, Rachel Pearce & Bradley Kaine

Firm celebrates trio holding senior regional law society and junior lawyers division roles

Michelman Robinson—Sukhi Kaler

Michelman Robinson—Sukhi Kaler

Partner joins commercial and business litigation team in London

NEWS
The Legal Action Group (LAG)—the UK charity dedicated to advancing access to justice—has unveiled its calendar of training courses, seminars and conferences designed to support lawyers, advisers and other legal professionals in tackling key areas of public interest law
The Police and Criminal Evidence Act 1984 transformed criminal justice. Writing in NLJ this week, Ed Cape of UWE and Matthew Hardcastle and Sandra Paul of Kingsley Napley trace its ‘seismic impact’
Operational resilience is no longer optional. Writing in NLJ this week, Emma Radmore and Michael Lewis of Womble Bond Dickinson explain how UK regulators expect firms to identify ‘important business services’ that could cause ‘intolerable levels of harm’ if disrupted
As the drip-feed of Epstein disclosures fuels ‘collateral damage’, the rush to cry misconduct in public office may be premature. Writing in NLJ this week, David Locke of Hill Dickinson warns that the offence is no catch-all for political embarrassment. It demands a ‘grave departure’ from proper standards, an ‘abuse of the public’s trust’ and conduct ‘sufficiently serious to warrant criminal punishment’
Employment law is shifting at the margins. In his latest Employment Law Brief for NLJ this week, Ian Smith of Norwich Law School examines a Court of Appeal ruling confirming that volunteers are not a special legal species and may qualify as ‘workers’
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