Part three: Experts and the CPR; Mark Solon goes back to basics
Parts 1 and 3 of the Civil Procedure Rules (CPR), on the overriding objective and case management, provide the framework for the court management of expert evidence.
Pt 1: dealing with a case justly
The overriding objective (dealing with a case justly), includes principles of particular relevance to expert evidence: ensuring the parties are on an equal footing; saving expense and dealing with the case in ways which are proportionate to the amount of money involved, the importance of the case, the complexity of the issues and the financial position of the parties; encouraging the parties to co-operate (for instance in the selection and instruction of a single joint expert); and identifying issues at an early stage.
Pt 3: case management
This gives judges wide discretionary powers to give directions and set timetables, including for the disclosure of evidence. The judge can act on paper on his/her own initiative, on application of the parties, or take decisions at case management conferences. Statements of case, issues, or evidence can be struck out or
