header-logo header-logo

13 August 2021 / Dr Chris Pamplin
Issue: 7945 / Categories: Features , Profession , Expert Witness
printer mail-detail

Experts’ fees: what’s reasonable?

54946
Dr Chris Pamplin considers the test of reasonableness under CPR 35.1 when calling expert evidence
  • A player’s agent was ‘reasonably required’ as an expert witness as clubs tend to keep earnings out of the public domain.
  • Application of CPR 35.1 test of reasonableness when calling expert evidence.

The Civil Procedure Rules (CPR) require that expert evidence should be restricted to that which is reasonably required to resolve the proceedings (CPR 35.1). But the test of reasonableness is a subjective one, and so there has always been a degree of uncertainty about precisely how this test is to be applied.

Warren J, in British Airways v Spencer [2015] EWHC 2477 (Ch), [2015] All ER (D) 101 (Aug) proposed a three-stage test to determine whether expert evidence is necessary.

(1) If the evidence is necessary, it should be admitted.

(2) If it is not necessary, then the question is whether it would still assist the court.

(3) If it would assist, then the question is whether it is reasonably required to resolve the proceedings.

This

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: Daniel Burbeary, Michelman Robinson

NLJ Career Profile: Daniel Burbeary, Michelman Robinson

Daniel Burbeary, office managing partner of Michelman Robinson, discusses launching in London, the power of the law, and what the kitchen can teach us about litigating

Joelson—Jennifer Mansoor

Joelson—Jennifer Mansoor

West End firm strengthens employment and immigration team with partner hire

Sidley—Jeremy Trinder

Sidley—Jeremy Trinder

Global finance group strengthened by returning partner in London

NEWS
The controversial Courts and Tribunals Bill has passed its second reading by 304 votes to 203, despite concerted opposition from the legal profession
The presumption of parental involvement is to be abolished, the Lord Chancellor David Lammy has confirmed
A highly experienced chartered legal executive has been prevented from representing her client in financial remedies proceedings, in a case that highlights the continued fallout from Mazur
Plans to commandeer 50%-75% of the interest on lawyers’ client accounts to fund the justice system overlook the cost and administrative burden of this on small and medium law firms, CILEX has warned
Lawyers have been asked for their views on proposals to change the penalties for assaulting a police officer
back-to-top-scroll