header-logo header-logo

Be prepared

23 November 2012 / Mark Solon
Issue: 7539 / Categories: Features , Expert Witness
printer mail-detail
final_4

Parties must do their homework prior to expert witness discussions, warns Mark Solon

A discussion between expert witnesses to narrow the issues in a dispute can be a little like the office Christmas party. When it goes well, it improves communication and enables business to be done more efficiently. When it goes badly, each party feels aggrieved, no-one remembers exactly how they got where they ended up, and there is good chance someone might end up suing.

Directing a discussion

Experts meetings fall under Pt 35.12 of the Civil Procedure Rules (CPR), although the provisions are notable for their brevity. The court may direct at any stage a discussion between experts; requiring experts to identify and discuss the expert issues in the proceedings and, where possible reach an agreed opinion on those issues.

The court is allowed to specify the issues which the experts must discuss, and is likely to direct that the experts provide a schedule of the areas on which they agree and disagree. Quite key to these provisions is that

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—James McSweeney

Quinn Emanuel—James McSweeney

London promotion underscores firm’s investment in white collar and investigations

Ward Hadaway—Louise Miller

Ward Hadaway—Louise Miller

Private client team strengthened by partner appointment

NLJ Career Profile: Kate Gaskell, Flex Legal

NLJ Career Profile: Kate Gaskell, Flex Legal

Kate Gaskell, CEO of Flex Legal, reflects on chasing her childhood dreams underscores the importance of welcoming those from all backgrounds into the profession

NEWS
Overcrowded prisons, mental health hospitals and immigration centres are failing to meet international and domestic human rights standards, the National Preventive Mechanism (NPM) has warned
Two speedier and more streamlined qualification routes have been launched for probate and conveyancing professionals
Workplace stress was a contributing factor in almost one in eight cases before the employment tribunal last year, indicating its endemic grip on the UK workplace
In NLJ this week, Ian Smith, emeritus professor at UEA, explores major developments in employment law from the Supreme Court and appellate courts
Writing in NLJ this week, Kamran Rehman and Harriet Campbell of Penningtons Manches Cooper examine Operafund Eco-Invest SICAV plc v Spain, where the Commercial Court held that ICSID and Energy Charter Treaty awards cannot be assigned
back-to-top-scroll