Sandy Mackay highlights the benefits of early expert witness meetings
Recently, the courts have been in favour of instructing meetings between experts of like discipline before formal hearings, in order to narrow the issues between the parties and get a measure of agreement. These meetings should be held before the experts’ reports have been written or exchanged, and are intended to explore the middle ground, examine where differences of opinion are present, and discuss the underlying facts. However, this approach requires a radical change in the way that some cases are run, notably clinical negligence actions.
Where to begin?
It is helpful to begin these meetings with a review of the history of the dispute and a review of the differences between the parties, noting down where there can be agreement on basic facts such as location, timing and applicable standards. This enables a factual discussion without consideration at this stage of blame or liability, encouraging an open exchange of views. It often brings to light significant details that one side or the other is unaware of, or has discounted.
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