An alternative approach to joint expert statements could deliver a far more useful tool for judges, as Jessica Resch, Tim Giles & Maja Glowka explain
- The case for a single valuation model, agreed by the experts, to allow a judge to make decisions on each assumption in the calculations and see their real-time impact on the damages assessment.
As valuation and damages experts, we have been involved in many joint expert statements. For those unfamiliar: where the claimant and defendant have each appointed a damages expert, the judge may request a joint expert statement be provided. The joint statement is written together by the experts and should provide the judge with a summary of the issues on which the experts agree, and those on which they cannot agree. In some cases, the experts are given specific instructions or questions to address in the joint statement.
The process to agree a statement can be difficult and sometimes long, but the complaint that joint statements are not useful was surprising. As damages experts, our duty
