Expert witness availability & trial dates

• The Civil Procedure Rules (CPR) 1998 place a duty on the parties to a case to assist the court in the listing of cases for trial, and this would include expert witness availability.

Fixing of trial dates has always been a difficult task. A court has to juggle with numerous variables to ensure that the date fixed complies with the need to deal with cases efficiently and promptly and without incurring unnecessary cost. It must also have regard to the availability of witnesses (including expert witnesses) and allow sufficient time for the parties to properly prepare and carry out any necessary pre-trial steps.

An expert’s instructing solicitor should, of course, obtain from the expert a list of any unavailable dates. If the solicitor does not ask for these, the expert should be proactive in supplying them. It would also be prudent to offer the reasons for unavailability. Naturally, experts must notify