Civil Litigation SGS 14 - Expert Evidence and Sanctions

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  1. What is a single joint expert?
    An expert instructed to prepare a report for the court on behalf of two or more of the parties (including the claimant) to the proceedings.
  2. Can I call an expert without the courts permission?
    No. You need the courts permission.
  3. What track do you usually have a single joint expert?
    There is a presumption in favour of the appointment of a single joint expert in cases allocated to the fast track.
  4. What procedures do separate experts have to comply with before trial?
    Experts must exchange statements with each other.

    Experts must have a meeting to identify the issues in the case.
  5. Who does an expert owe a duty to?
    The court.

    Overrides any duty to the instructing party.
  6. What is the contents of an expert witness report?
    R35.10 and PD35 Para 3.2 –lists of all the things  


    • Details of experts qualifications
    • Details of literature/material relied upon
    • Experts understands duty to court and has complied with this duty
    • Statement of truth on bottom
  7. I need to ask the expert a question about his report. What do I do?
    Questions should be to clarify the report.

    They must be in writing and the question becomes part of the report.

    Questions must be put to the expert within 28 days of the experts report being served.
  8. There are two experts and they have failed to exchange reports, what happens?
    Report may not be relied upon at trial

    Expert may not give evidence at trial - unless the court gives permission
  9. My expert has made an unfavourable report, what can I do?
    Depends on if the court has directed the expert to be not named or named.

    NOT NAMED: can withhold inspection but this may result in getting nailed on costs

    NAMED: Mr. Tubbs' report must be disclosed (to stop expert shopping)
  10. I think the other side have coached their expert, what do I need to consider?
    Experts have a duty to the court

    Professional ethics of the solicitors

    Parties instructions to their expert are not privileged. Court will allow XX if they appear dodgy.
  11. Does an expert need to be formally qualified to be an expert?

    Skill in the field in question through qualification or experience
  12. The other side have failed to comply with a court direction. What can I do?
    Apply for a sanction against them.

    This could be in costs or even an application to have costs struck out.
  13. Dr Chindra is an expert psychologist who has prepared a report on the claimant’s condition for the claimant’s solicitors.

    Which of the following statements is/are CORRECT?

    (i) Her report may be put in evidence in the proceedings without the permission of the court.

    (ii) Her duty as an expert is to the court.

    (iii) The other side may put written questions to her within 28 days of service of the report for the purpose of clarifying it.

    (iv) She must state within her report the substance of all material instructions on the basis of which the report was written.

    [A] (i), (ii) and (iv) only
    [B] (ii), (iii) and (iv) only
    [C] (i), (ii) and (iii) only
    [D] (i), (ii), (iii) and (iv)
    [B] (ii), (iii) and (iv) only
  14. In respect of the trial of the claim on the fast track, which ONE of the following statements is CORRECT?

    [A] The usual rule is that Dr Chindra will be required to attend the hearing as an expert witness.

    [B] The court does not have power to allow Dr Chindra to be cross-examined on the instructions given to her by the claimant’s solicitor.

    [C] If the other side also wish to put in the evidence of a psychologist the court may direct that only the evidence of a single joint expert may be given.

    [D] If her report is not disclosed to the other side, it will be impossible for Dr Chindra to give oral evidence at trial.
    [C] If the other side also wish to put in the evidence of a psychologist the court may direct that only the evidence of a single joint expert may be given.

    [[C] is CORRECT. See CPR Rule 35.7(1)]
  15. The other side wants to call their own expert witness and do not agree to Mr Twosugars being a single joint expert. What will the court likely do?
    The court may exercise its power to control expert evidence for the purpose of reducing costs and delay.

    Where it appears to the court that the issue falls within a substantially established area of knowledge and where it is not necessary for the court to sample a range of opinion, the court may appoint a single joint expert.

    • CPR 35.7 states: 
    • (1) Where two or more parties wish to submit expert evidence on a particular issue, the court may direct that the evidence on that issue is to be given by a single joint expert. (2) Where the parties who wish to submit the evidence (“the relevant parties”) cannot agree who should be the single joint expert, the court may-(a)select the expert from a list prepared or identified by the relevant parties;or(b)direct that the expert be selected in such other manner as the court may direct. 

    N.B. – the court MAY impost this. It is discretionary
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Civil Litigation SGS 14 - Expert Evidence and Sanctions
2013-03-27 13:20:40
Civil Litigation

Civil Litigation
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