Q&As

Can you claim the cost of an expert report you have not served because the case has now settled, but was reasonably obtained?

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Produced in partnership with Daniel Gill of Clarke Willmott LLP
Published on LexisPSL on 16/05/2018

The following Dispute Resolution Q&A produced in partnership with Daniel Gill of Clarke Willmott LLP provides comprehensive and up to date legal information covering:

  • Can you claim the cost of an expert report you have not served because the case has now settled, but was reasonably obtained?
  • Recovering the expert’s fee as part of the client’s total costs

Can you claim the cost of an expert report you have not served because the case has now settled, but was reasonably obtained?

It is easy to see why this question has arisen, not least because an expert’s fees and expenses for producing a CPR-compliant expert report may be very significant sums.

It is assumed in this Q&A that the terms of the settlement reached provide for the payment of the client’s costs on the standard basis to be subject to detailed assessment if not agreed.

It is also assumed that no order has been made limiting the amount which the client can recover in respect of the expert’s fees and expenses from the other side pursuant to CPR 35.4(4).

Recovering the expert’s fee as part of the client’s total costs

The first thing to do, following the terms of

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