Donna Goldsworthy & Andrew Kasapis consider the role of an expert in commercial litigation & banking case
Some cases are won or lost on the strength of expert evidence. Under the Civil Procedure Rules (CPR) Pt 35.1, the courts now have a duty to restrict expert evidence to “that which is reasonably required to resolve the proceedings”. The court has to make a judgment on how cogent the expert evidence will be; how helpful it will be in resolving issues and how much it will cost and the relativity of the sums at stake. Guidance for the Instruction of Experts in Civil Claims, published by the Civil Justice Council also focuses on costs and proportionality. The court’s permission is required to call oral expert evidence.
Some litigators find it helpful to consult a “behind the scenes” expert at an early stage of a case, particularly when a matter is complex. An expert adviser can assist through clarification and explanation of technical and commercial issues, and in other areas such as scoping for disclosure. Clients may resist added costs early on, but in the long
