header-logo header-logo

25 March 2010 / Mark James , Penny Harper
Issue: 7410 / Categories: Features , Expert Witness
printer mail-detail

Expensive decisions

Mark James & Penny Harper ask what did Jackson do for experts?

Expert evidence is expensive. In his Review of Civil Litigation Costs: Final Report, Jackson LJ looked at possible savings in five areas: (i) prolixity; (ii) when experts should be instructed; (iii) case management; (iv) single joint experts; and (v) “hot tubbing”.

Prolixity

Reports in the fields of accident reconstruction, psychiatry and pain management  were identified as showing a marked tendency to prolixity. Of course, the over-long expert report is not confined to these disciplines. In more general terms, Jackson LJ’s Preliminary Report had noted concerns about the inclusion of irrelevant material in reports and made the criticism that “the tendency for an expert to set out the facts of the case at the start of their report simply adds to costs without achieving anything” (para 42.11.1).

This criticism is misplaced. It is important that the expert sets out the facts of the case in his report because this makes clear to the court, and to the other party, whether or not

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

NLJ Career Profile: John McElroy, London Solicitors Litigation Association

NLJ Career Profile: John McElroy, London Solicitors Litigation Association

From first-generation student to trailblazing president of the London Solicitors Litigation Association, John McElroy of Fieldfisher reflects on resilience, identity and the power of bringing your whole self to the law

Clarke Willmott—Elaine Field

Clarke Willmott—Elaine Field

Planning and environment team expands with partner hire in Manchester

Birketts—Barbara Hamilton-Bruce

Birketts—Barbara Hamilton-Bruce

Firm appoints chief operating officer to strengthen leadership team

NEWS
A landmark Supreme Court ruling has underscored the sweeping reach of UK sanctions. In NLJ this week, Brónagh Adams and Harriet Campbell of Penningtons Manches Cooper say the regime is a ‘blunt instrument’ requiring only a factual, not causal, link to restricted goods
Fraud claims are surging, with England and Wales increasingly the forum of choice for global disputes. Writing in NLJ this week, Jon Felce of Cooke, Young & Keidan reports claims have risen sharply, with fraud now a major share of litigation and costing billions worldwide
Litigators digesting Mazur are being urged to tighten oversight and compliance. In his latest 'Insider' column for NLJ this week, Professor Dominic Regan of City Law School provides a cut out and keep guide to the ruling’s core test: whether an unauthorised individual is ‘in truth acting on behalf of the authorised individual’
Conflicting county court rulings have left landlords uncertain over whether they can force entry after tenants refuse access. In this week's NLJ, Edward Blakeney and Ashpen Rajah of Falcon Chambers outline a split: some judges permit it under CPR 70.2A, others insist only Parliament can authorise such powers
A wave of scandals has reignited debate over misconduct in public office, criticised as unclear and inconsistently applied. Writing in NLJ this week, Alice Lepeuple of WilmerHale says the offence’s ‘vagueness, overbreadth & inconsistent deployment’ have undermined confidence
back-to-top-scroll