Experts

Amended provisions for concurrent expert evidence or “hot-tubbing” now in force

Amendments to Practice Direction 35.11, which governs the procedure for concurrent expert evidence, or “hot-tubbing”, have now come into force after receiving ministerial sign-off on Tuesday this week. The amendments implement a number of recommendations made by the Civil Justice Council report … Continue reading

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High Court finds expert unreliable and lacking independence

A recent High Court decision has highlighted once again the importance of ensuring experts are aware of and comply with their duties to the court. It also demonstrates the potential dangers of repeatedly instructing the same expert and the need … Continue reading

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Previous expert report did not have to be disclosed where change of expert was not “expert shopping”

The High Court has found that the defendants in this case did not have to disclose their previous experts' reports as a condition of obtaining permission for an extension of time to enable them to serve a report from a … Continue reading

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New provisions for concurrent expert evidence or “hot-tubbing”

The Civil Procedure Rule Committee has approved amendments to Practice Direction 35.11, which governs the procedure for concurrent expert evidence, or "hot-tubbing", which was formally introduced into English civil procedure by the Jackson reforms. The amendments implement a number of … Continue reading

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Court of Appeal confirms importance of frankly disclosing factors that could affect expert’s independence

The Court of Appeal has dismissed an appeal against a finding of clinical negligence based, in part, on the trial judge's approach to evaluating expert evidence where a close connection between the defendant and his expert witness had not been … Continue reading

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Expert evidence – the need to engage

A recent High Court decision illustrates the need for parties to cooperate in the process of producing expert evidence, to ensure the reports are properly matched and avoid the problem of "ships passing in the night": UPL Europe v Agchemaccess … Continue reading

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Party permitted to change experts on condition it disclosed previous expert’s notes setting out substance of views

The Technology and Construction Court has granted a claimant permission to adduce evidence from a new expert, after it became dissatisfied with its original expert's ability to express his views clearly. However, permission was granted subject to the condition that the … Continue reading

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Civil Justice Council report published today on concurrent expert evidence including “hot-tubbing”

The Civil Justice Council has today published a report on Concurrent Expert Evidence & ‘Hot-Tubbing’ in English Litigation since the ‘Jackson Reforms’. The report was produced by a working group chaired by Professor Rachael Mulheron of Queen Mary University of … Continue reading

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The price of changing experts: disclosure of privileged report

In a recent decision, the Technology and Construction Court granted defendants permission to adduce expert opinion evidence from a second expert, after their first expert had ceased to act, on the condition that the defendants disclose the first expert's draft … Continue reading

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Civil Justice Council working group to review “hot-tubbing” of experts and other topics

A CJC working group has been set up to consider and review a series of discrete topics relating to civil litigation, which will ultimately feed into the Ministry of Justice’s Post‐Implementation Review of the Jackson reforms, which is due in … Continue reading

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