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… Read more

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… Read more

Article published: Experts have lessons to learn

The role of experts in legal proceedings has continued to attract comment in a number of judgments in the English courts over the past year. The decisions provide guidance on a range of issues that arise during an expert’s tenure… Read more

High Court decisions on admissibility of opinion evidence

In two recent decisions, the High Court has considered the circumstances in which opinion evidence contained in third party reports or articles is admissible in civil proceedings. In Rogers v Hoyle [2013] EWHC 1409 (QB), the court had to consider whether… Read more

Waiver of privilege in draft expert report

The High Court has held that a defendant waived privilege in its draft expert report, since it had deployed significant parts of the report in a witness statement served in defence of an application to strike out its counterclaim: ACD… Read more

Expert evidence: controlling costs / focusing issues

The Civil Procedure Rule Committee has approved an amendment to CPR Part 35 to implement Lord Justice Jackson's recommendation that parties seeking permission for expert evidence should provide the court with an estimate of the costs of that evidence (as… Read more

Jackson reforms: taking stock

In addition to the headline reforms which are to be implemented through primary legislation currently before Parliament, progress is ongoing toward the implementation of various other recommendations put forward in Lord Justice Jackson's final report on civil litigation costs and… Read more

Experts remain immune against claims by opposing parties

The Supreme Court judgment in Jones v Kaney [2011] UKSC 13, handed down on 30 March 2011, abolished expert witnesses' immunity from suit for professional negligence claims arising from their views or evidence in relation to legal proceedings (see post). In… Read more

Supreme Court abolishes expert immunity

The UK Supreme Court yesterday handed down judgment abolishing the immunity expert witnesses have enjoyed for over 400 years. In Jones v Kaney [2011] UKSC 13 the court held, by a majority of 5 to 2, that there is no… Read more

Disallowing expert evidence

In Meat Corporation of Namibia Ltd v Dawn Meats (UK) Ltd [2011] EWHC 474 (Ch), the High Court refused the claimant's challenge to the admissibility of the defendant's expert evidence on grounds of the expert's receipt of the claimant's privileged… Read more