Q&As

An accommodation expert has had sight of other expert reports after his or her expert report has been disclosed. What impact does this have on the subsequent preparation of a joint statement? Is the expert permitted to make reference and/or rely on the other expert reports when giving evidence in court?

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Published on LexisPSL on 06/12/2017

The following Dispute Resolution Q&A provides comprehensive and up to date legal information covering:

  • An accommodation expert has had sight of other expert reports after his or her expert report has been disclosed. What impact does this have on the subsequent preparation of a joint statement? Is the expert permitted to make reference and/or rely on the other expert reports when giving evidence in court?
  • Use of expert reports after disclosure
  • Amending an experts report
  • CPR PD 35 and the experts protocol
  • Joint statement
  • Points about joint statements

An accommodation expert has had sight of other expert reports after his or her expert report has been disclosed. What impact does this have on the subsequent preparation of a joint statement? Is the expert permitted to make reference and/or rely on the other expert reports when giving evidence in court?

CPR 35.7–CPR 35.8 and CPR PD 35 deal with the instruction and use of experts by the parties and the powers of the court to order their use.

Expert witnesses and those instructing them are expected to have regard to:

  1. all relevant CPR Rules and Practice Directions

  2. the ‘Guidance for the instruction of experts in civil claims’ (the Guidance). Note: on 1 December 2014, the Guidance replaced the ‘Protocol for the Instruction of Experts to give Evidence in Civil Claims’ (the Protocol) which had been annexed to CPR PD 35

  3. Practice Direction Pre-Action Conduct and Protocols, para 7

  4. any relevant provisions depending on the track and/or the court in which your matter is proceeding—see Practice Notes: Court guides and other guidance, TCC—expert evidence—Experts' meetings in the TCC and Chancery Division—expert evidence—Experts' meetings in the Chancery Division

Use of expert reports after disclosure

Once an expert report has been disclosed, any party can use that report as evidence at trial (CPR 35.11). This applies to the evidence of experts relied on by parties who are no longer part

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