Q&As

Instructing joint experts and how to proceed where an expert changes their mind.

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Published on LexisPSL on 01/06/2015

The following PI & Clinical Negligence Q&A provides comprehensive and up to date legal information covering:

  • Instructing joint experts and how to proceed where an expert changes their mind.
  • Single joint experts and joint statements prepared by experts
  • If an expert changes their mind

Instructing joint experts and how to proceed where an expert changes their mind.

Single joint experts and joint statements prepared by experts

The rules on instructing experts and disclosure of expert reports in civil cases are contained in CPR part 35 and PD 35 with additional guidance provided by the Guidance for the instruction of experts in civil claims.

The rules are clear on disclosure of a report which is prepared by a single joint expert. Guidance for the Instruction of Experts in Civil Claims 2014 explains that “Single joint experts should serve their reports simultaneously on all instructing parties.” For an explanation of jointly instructed experts, see our Practice Note: Single joint experts.

There is no general rule that all expert evidence is disclosable regardless of privilege. The issue of the status of an undisclosed report was considered in Odedra. It was held that there is no authority under the CPR or in case law relating to the status of such a report which is prepared by an expert at the same time as another report by the same expert which has been disclosed. In some cases, the spirit of openness promoted by the CPR will trump privilege if the expert evidence is pivotal whereas in other cases this could give rise to injustice; a pragmatic

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