Q&As

Where the defendant is in person and fails to agree the identity of the single joint expert and fails to agree the letter of instructions to the expert, what steps should be taken?

read titleRead full title
Published on LexisPSL on 27/07/2017

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

  • Where the defendant is in person and fails to agree the identity of the single joint expert and fails to agree the letter of instructions to the expert, what steps should be taken?
  • Selecting a single joint expert
  • Instructions to the single joint expert

Where the defendant is in person and fails to agree the identity of the single joint expert and fails to agree the letter of instructions to the expert, what steps should be taken?

The application of the Civil Procedure Rules 1998 (CPR) generally applies equally to a ‘litigant in person’. In Re A, it was noted that ‘it is the obligation of someone who chooses to act as a litigant in person to acquaint himself with and to comply with the procedure and any relevant rules’. CPR 3.1A however considers the court’s approach to case management where at least one party is unrepresented and requires the court when exercising any power of case management, to have regard to the fact that at least one party is unrepresented (CPR 3.1A(2)) and adopt such procedure at any hearing as it considers appropriate to further the overriding objective (CPR 3.1A(4)).

For further information regarding case management, see Practice Note: Litigants in person—case management and relief from sanctions and A Handbook for Litigants in Person available from Judiciary.uk.

Selecting a single joint expert

A single joint expert (SJE) is an expert instructed to prepare a report for the court on behalf of two or more parties (including the claimant) to the proceedings (CPR 35.2(2)). This is different from an agreed expert which is an expert where the

Related documents:

Popular documents