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

Katten Muchin Rosenman—Charlotte Hill

Katten Muchin Rosenman—Charlotte Hill

Katten strengthens financial markets and funds group in London

Hugh James—Keith Cundall & Lee Hart

Hugh James—Keith Cundall & Lee Hart

Hugh James expands national Serious Injury team with two new Partners

HFW—Rémi Ducloyer

HFW—Rémi Ducloyer

HFW continues Paris office growth with public law Partner hire

NEWS
The Court of Appeal's decision in Mazur v Charles Russell Speechlys LLP has lifted months of uncertainty for Chartered Legal Executives while prompting a rethink of regulation and supervision
The assisted dying debate returns to Westminster as Lauren Edwards MP reintroduces legislation that stalled in the House of Lords last session despite clearing the Commons
A little-noticed provision of the Crime and Policing Act 2026 has fundamentally expanded corporate criminal liability
Artificial intelligence is transforming legal practice, but careless reliance on it is creating growing professional risks
The law offers cohabiting couples surprisingly greater protection after one partner dies than when they separate during life
back-to-top-scroll