Mark Solon reports on the risks stemming from speculative expert evidence & a lack of preparation
The trial bundle must include all disclosed experts’ reports, relevant to matters that remain in dispute on which the parties seek to rely. In a complex case a separate bundle of the expert evidence might be necessary. Further steps to take are listed below:
(i) Ensure that you include the correct final served version of the expert’s report in the bundle.
(ii) Note that written questions on the experts’ reports, under CPR 35.6, and the experts’ replies form part of the reports and should be filed with them in the bundle.
(iii) Note that the joint statements of experts’ discussions under CPR 35.12 are not binding, and need not be included in the bundle, although they will be on the court file. If both parties are content to be bound by the statements then they should be included in the bundle.
(iv) Consider where to locate documents referred to in the experts’ reports. Witness statements, statements of case etc are best filed elsewhere. However, you might consider annotating the experts’ reports with their location in
