The end of expert frolics

Lord Justice Jackson delivered his fourth lecture on the implementation of his Civil Litigation Costs Review to 300 experts at the annual Bond Solon expert witness conference earlier this month. He spoke without notes or microphone and looked at two specific aspects of expert evidence: focusing expert evidence and managing the costs of expert evidence. The experts liked what he said on the first but not so much on the second. In essence, reports should be small but perfectly formed and cost less.

Focusing expert evidence

Jackson said courts should make greater use of their existing powers to control expert evidence, in particular by identifying the issues which experts should address at an early stage. “Many expert witnesses have expressed strong support for the above proposal. They would welcome directions given by the court at a case management conference identifying the issues upon which their expert