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26 June 2009 / Mark Solon
Issue: 7375 / Categories: Features , Profession
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Decisions decisions

Part seven: Mark Solon on the dilemma of choosing a new single joint expert

Sometimes one or both parties may have needed, or have chosen, to obtain advice from an expert, particularly on liability, before proceedings are issued. If the court decides expert evidence is required, but that evidence from two experts would be disproportionate, the case management judge has a dilemma—whether to impose a new single joint expert on the parties, or to allow them to continue to retain their own experts, with the court seeking to narrow the issues in dispute on both parties’ expert opinion evidence, by requiring service of written questions on the experts, and/or by ordering an experts’ discussion.

Frequently, the relative cost, or whether involving a new expert will cause delay, will be the deciding factor.

Separate instructions

Both parties can give separate instructions to a single joint expert (CPR 35.8). In Yorke v Katra [2003] WL 21491870, the Court of Appeal held that a district judge was wrong to strike out the defence in a small claim because the defendant, a litigant in person, had unilaterally amended the

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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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