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

NLJ Career Profile: Bridget Tatham, Forum of Insurance Lawyers

NLJ Career Profile: Bridget Tatham, Forum of Insurance Lawyers

Bridget Tatham, partner at Browne Jacobson and 2026 president of the Forum of Insurance Lawyers, highlights the importance of hard work, ambition and seizing opportunities

Gibson Dunn—London partner promotions

Gibson Dunn—London partner promotions

Firm grows international bench with expanded UK partner class

Shakespeare Martineau—six appointments

Shakespeare Martineau—six appointments

Firm makes major statement in the capital with strategic growth at The Shard

NEWS
One in five in-house lawyers suffer ‘high’ or ‘severe’ work-related stress, according to a report by global legal body, the Association of Corporate Counsel (ACC)
The Legal Ombudsman’s (LeO’s) plea for a budget increase has been rejected by the Law Society and accepted only ‘with reluctance’ by conveyancers
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
back-to-top-scroll