header-logo header-logo

26 June 2009 / Mark Solon
Issue: 7375 / Categories: Features , Profession
printer mail-detail

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

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

Shakespeare Martineau—David Vaughan

Shakespeare Martineau—David Vaughan

Shakespeare Martineau appoints new London office head as firm continues investment in capital

Browne Jacobson—Kevin Moore

Browne Jacobson—Kevin Moore

Browne Jacobson strengthens All-Island life sciences platform with appointment of leading Galway MedTech lawyer

Clarke Willmott—Latitude Law

Clarke Willmott—Latitude Law

National law firm strengthens commercial offering with acquisition of leading immigration practice

NEWS
Mr Justice Nicklin’s decision to order costs on an indemnity basis may be a ‘significant win’ but it’s still ‘far from game, set and match’ for Associated Newspapers, a former costs judge has said
The Law Society RFC Festival of Sport returns next month, bringing together legal and financial services professionals for one of the sector’s largest annual sporting events
Legal aid deserts leave almost one in four without adequate access to justice
The Solicitors Regulation Authority (SRA) has warned solicitors and law firms that using artificial intelligence does not alter their professional obligations, amid concerns over inaccurate legal material and client confidentiality
From forgotten interest claims to case-management appeals, a string of procedural developments offers useful—and occasionally cautionary—lessons for practitioners
back-to-top-scroll