Mark Solon explains how to prepare experts for trial
The majority of disputes now settle well before trial. Therefore solicitors often have little experience of the steps that need to be taken in the few months before trial, including in relation to expert evidence.
Permission from the court is essential for an expert witness to give oral evidence at trial. This will not usually be given until after the pre-trial checklist has been filed, except in large or complex cases where there has been a case management conference after the experts’ reports have been disclosed.
The pre-trial checklist requires solicitors:
- to list the names and fields of expertise of their experts, and indicate for each one whether they are a joint expert, and whether their report is agreed;
- to state whether there has been a discussion between experts and whether they have signed a joint statement; and
- to give dates to avoid if experts are to be required to give oral evidence, and the trial date is not yet fixed.
If you
