header-logo header-logo

Joint expert—no fee

04 June 2010
Categories: Case law , Judicial line , In Court
printer mail-detail

A jointly instructed sole expert’s fees are to be paid equally by each of the parties under a court order.

A jointly instructed sole expert’s fees are to be paid equally by each of the parties under a court order. Where neither party pays anything, does the court have the power to impose a sanction at the request of the expert or must the expert sue in contract?

The court could properly impose an appropriate stay until the expert’s fee had been paid in the exercise of its case management powers. However, this might raise difficulties as there could be some dispute between the parties or one of them and the expert as to, for example,  the amount of the expert’s charges or the standard of the expert’s service. It would be unfortunate if the court became involved in satellite litigation between the parties and the expert. The better course would be for the expert to make his independent claim in contract against the parties who instructed him and to seek an interim injunction forbidding the

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

Quinn Emanuel Urquhart & Sullivan—Andrew Savage

Quinn Emanuel Urquhart & Sullivan—Andrew Savage

Firm expands London disputes practice with senior partner hire

Druces—Lisa Cardy

Druces—Lisa Cardy

Senior associate promotion strengthens real estate offering

Charles Russell Speechlys—Robert Lundie Smith

Charles Russell Speechlys—Robert Lundie Smith

Leading patent litigator joins intellectual property team

NEWS
Human rights lawyers, social justice champion, co-founder of the law firm Bindmans, and NLJ columnist Sir Geoffrey Bindman KC has died at the age of 92 years
The government’s plan to introduce a Single Professional Services Supervisor could erode vital legal-sector expertise, warns Mark Evans, president of the Law Society of England and Wales, in NLJ this week
Writing in NLJ this week, Jonathan Fisher KC of Red Lion Chambers argues that the ‘failure to prevent’ model of corporate criminal responsibility—covering bribery, tax evasion, and fraud—should be embraced, not resisted
Professor Graham Zellick KC argues in NLJ this week that, despite Buckingham Palace’s statement stripping Andrew Mountbatten Windsor of his styles, titles and honours, he remains legally a duke
Writing in NLJ this week, Sophie Ashcroft and Miranda Joseph of Stevens & Bolton dissect the Privy Council’s landmark ruling in Jardine Strategic Ltd v Oasis Investments II Master Fund Ltd (No 2), which abolishes the long-standing 'shareholder rule'
back-to-top-scroll