Clare Arthurs & Richard Marshall share an (almost) A to Z of all things expert
Adviser
Can be used prior to or alongside proceedings to better understand any technical issues and shape tactics and strategy. No duties to the court, and reports remain privileged; but costs will not be recoverable.
Be thorough
Make sure your expert understands what is required of them. Send them copies of CPR 35, the accompanying Practice Direction and the CJC Guidance for instructing experts in civil claims.
Changing experts
Neither cheap nor easy. Remember that CPR 35.4 allows the court to order disclosure of any pre-existing expert’s report if you wish to substitute them.
Duty to the court
A formally instructed expert’s duty to the court overrides their duty to those instructing them: important for client, solicitor and expert to understand and remember.
Expert determination
The lesser-known half-sibling of arbitration, does your dispute centre around an issue of valuation or scientific fact? Then this could be the cost-effective (but potentially unpredictable) ADR solution for you.
Form of report
CPR rule 35 and PD 35 are
