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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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NEWS
Judges and lawyers reviewing the rules of disclosure have ruled out a return to the old system of CPR Part 31, and will consult on proposals to simplify the Practice Direction (PD) 57AD regime by early next year
A consumer organisation has hit back at the Financial Conduct Authority (FCA) for encouraging motor finance compensation claimants to steer clear of law firms and claims management companies
A fast, free and anonymous piece of software has been launched to help law practices comply with their regulatory duty to guard against an increasing onslaught of cyberattacks
A mood of cautious optimism has enveloped the criminal law sector following indications the prime minister may abandon planned jury reforms
The Court of Appeal has held user damages are recoverable in a competition claim, in Meta Platforms Inc and other companies v Gormsen [2026] EWCA Civ 993
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