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
