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23 November 2012 / Mark Solon
Issue: 7539 / Categories: Features , Expert Witness
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Be prepared

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Parties must do their homework prior to expert witness discussions, warns Mark Solon

A discussion between expert witnesses to narrow the issues in a dispute can be a little like the office Christmas party. When it goes well, it improves communication and enables business to be done more efficiently. When it goes badly, each party feels aggrieved, no-one remembers exactly how they got where they ended up, and there is good chance someone might end up suing.

Directing a discussion

Experts meetings fall under Pt 35.12 of the Civil Procedure Rules (CPR), although the provisions are notable for their brevity. The court may direct at any stage a discussion between experts; requiring experts to identify and discuss the expert issues in the proceedings and, where possible reach an agreed opinion on those issues.

The court is allowed to specify the issues which the experts must discuss, and is likely to direct that the experts provide a schedule of the areas on which they agree and disagree. Quite key to these provisions is that the discussions are without prejudice and cannot be the subject

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NEWS
Talk of a reserved ‘Welsh seat’ on the Supreme Court is misplaced. In NLJ this week, Professor Graham Zellick KC explains that the Constitutional Reform Act treats ‘England and Wales’ as one jurisdiction, with no statutory Welsh slot
The government’s plan to curb jury trials has sparked ‘jury furore’. Writing in NLJ this week, David Locke, partner at Hill Dickinson, says the rationale is ‘grossly inadequate’
A year after the $1.5bn Bybit heist, crypto fraud is booming—but so is recovery. Writing in NLJ this week, Neil Holloway, founder and CEO of M2 Recovery, warns that scams hit at least $14bn in 2025, fuelled by ‘pig butchering’ cons and AI deepfakes
After Woodcock confirmed no general duty to warn, debate turns to the criminal law. Writing in NLJ this week, Charles Davey of The Barrister Group urges revival of misprision or a modern equivalent
Family courts are tightening control of expert evidence. Writing in NLJ this week, Dr Chris Pamplin says there is ‘no automatic right’ to call experts; attendance must be ‘necessary in the interests of justice’ under FPR Pt 25
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