Dominic Regan examines the possibilities of reducing expert costs after Jackson
Litigation is too expensive. No part of the process is sacrosanct and it is clear that, for a variety of reasons, those who provide expert evidence for civil litigation are going to be squeezed.
I was staggered to be told by the eminent senior junior, Simon Butler, that in many a case his fees for the entire litigation are as nothing compared to what the experts charge. This is a man who takes on the most challenging legal issues. What has gone wrong?
Capping costs
Twelve years ago the CPR arrived and within Pt 35 there is the express power to cap the costs of an expert that can be recovered from the paying party. Do you know of a case where this has happened? I do not.
Litigators must shoulder responsibility too. The most senior designated civil judge in the country told me of his utter despair when asked to assess costs. Time after time, there would be a stink
