Experts in construction disputes

Experts in construction disputes guidance:

Expert determination is a form of alternative dispute resolution (ADR). This Practice Note provides guidance on when an expert’s determination may be challenged. It also...

Practice Note

This Practice Note should be read in conjunction with: • Practice Notes: Expert evidence—general considerations, Applying for permission to adduce expert evidence,...

Practice Note

Immunity from suit It is a general principle that witnesses are immune from suit in relation to the evidence they give. As Kelly CB said in Dawkins v Lord Rokeby: '… no...

Practice Note

Key principles Civil Procedure Rule (CPR) 35.3 makes clear that an expert is under a duty to assist the court on matters within his or her area of expertise. That duty...

Practice Note

Expert determination is a form of alternative dispute resolution (ADR). This Practice Note explains expert determination for technical or contract interpretation...

Practice Note

Expert determination 1 Any dispute arising out of or in connection with this [Agreement OR Contract OR clause [insert clause number]] (a Dispute) shall be referred to...

Precedents

ARCHIVED: This Practice Note has been archived and is not maintained. This article appears as originally published in Construction Law on 1 April 2018 and is not...

Practice Note

This Practice Note provides guidance on the interpretation and application of the relevant provisions of the CPR. Depending on the court in which your matter is...

Practice Note

This Practice Note considers the importance of experts’ testimony and credibility at trial and, accordingly, the weight that may be given to expert evidence. It considers...

Practice Note

What is hot-tubbing? Concurrent expert evidence ('CEE'), or 'hot-tubbing' as it is colloquially known, is a procedure at trial whereby experts in any discipline give...

Practice Note

Due to the nature of construction projects and disputes, it will often be necessary to instruct an expert in a particular field. This is recognised in the Technology and...

Practice Note

[ON HEADED LETTER PAPER] [Insert name and address of expert] [Date] Dear [insert name] [Insert names of parties and project, or any relevant references] Instructions to...

Precedents

Private & confidential [insert name and address of expert] [insert date] Dear [insert name of expert] [insert case heading] Instruction to act as single joint expert...

Precedents

Private & confidential [insert name and address of client] [insert date] Dear [insert name of client] [insert case heading] As we have already discussed, we will require...

Precedents

This Practice Note provides guidance on the interpretation and application of the relevant provisions of the CPR. Depending on the court in which your matter is...

Practice Note

This Practice Note provides guidance on expert evidence in the Technology and Construction Court (TCC) under CPR 60, CPR PD 60 and Technology and Construction Court...

Practice Note