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

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MOVERS & SHAKERS

Flint Bishop—Charlotte Harris

Flint Bishop—Charlotte Harris

Sheffield expansion continues with appointment of commercial property partner

Browne Jacobson—Paul Duggan

Browne Jacobson—Paul Duggan

Browne Jacobson strengthens banking and finance practice with latest partner appointment Paul Duggan

Ward Hadaway—Chris Piggott

Ward Hadaway—Chris Piggott

Employment partner joins Ward Hadaway

NEWS
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

Jonathan Fisher KC highlights that it now accounts for around 40% of criminal offences, with roughly 70% involving technology, and argues that the UK cannot simply prosecute its way out of the problem. Detection, investigation and prosecution all require improvement, while different fraud types demand tailored responses.

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