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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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Cheshire West, which established an ‘acid test’ for deprivation of liberty safeguards, has been overturned by the Supreme Court
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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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