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

EIP—Stuart Malcolm

EIP—Stuart Malcolm

EIP strengthens Commercial practice with a new partner

Ellisons—Francesca Brown

Ellisons—Francesca Brown

Ellisons welcomes Francesca Brown to Family team

Shakespeare Martineau—Marie Bourke

Shakespeare Martineau—Marie Bourke

Shakespeare Martineau strengthens Sheffield regulatory practice with new hires

NEWS
A wide-ranging Civil Way column highlights developments from insolvency procedure to employment law, but one case stands out for its lessons on bankruptcy, family homes and digital communications
A sprawling Intellectual Property Office battle between House of Fraser and Frasers Property has delivered a masterclass in modern trade mark law
Courts in England and Wales and Singapore are increasingly confronting complex disputes over international child relocation as families become more globally mobile
The government’s long-awaited family law reform consultation could mark a turning point for domestic abuse victims navigating financial remedy proceedings, but significant challenges remain
A new commercial court pilot giving the public access to documents used in hearings, including expert reports, is raising difficult questions about transparency and privacy
back-to-top-scroll