How will Jackson impact on the courts’ attitude towards expert evidence? Paul Phillips investigates
Expert’s role limited
Whereas in the past a number of different experts may have been called, some providing overlapping evidence, the emphasis now is on strictly limiting their role.
The direction is contained in CPR 35.4 (2) and (3): “(2) When parties apply for permission they must provide an estimate of the costs of the proposed expert evidence and identify—(a) the field in which expert evidence is required and the issues which the expert evidence will address ; and (b) where practicable, the name of the proposed expert. (3) If permission is granted it shall be in relation only to the expert named or the field identified under para (2). The order granting permission may specify the issues which the expert evidence should address [emphasis added].”
Apply this in the case of solicitors dealing with catastrophic brain
