The following Dispute Resolution practice note provides comprehensive and up to date legal information covering:
This Practice Note should be considered in conjunction with:
Practice Note: Instructing an expert
Checklist—letter of instruction to expert
precedent: Letter of instruction to own expert
Compliance and relief from sanctions—overview
'Guidance' means the Civil Justice Council's Guidance for the instruction of experts in civil claims which came into force on 1 December 2014
'Protocol' means the provisions previously in force. Note: the Protocol was replaced by the Guidance on 1 December 2014
The Guidance seems, predominantly, to have been introduced to reflect the letter and spirit of the April 2013 Jackson Reforms focussing on the changes those reforms introduced to case and costs management generally and to expert evidence specifically.
The focus of the Guidance seems to be largely on ensuring:
experts are instructed only where they are required
any experts that are instructed are the right expert for the case and/or relevant issue(s) in dispute
the expert has all the information (including documents and information as to the progress of the case and all relevant hearings) to enable them to provide their expert opinion. Note: this is effectively an ongoing obligation and includes trying to ensure all the experts are working, as far as possible, from the same and most up-to-date information and documents. Note also the obligation on the experts to seek to confirm that they have access to all the relevant information
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