Letter to expert in a personal injury matter regarding joint expert discussions

Dear [Insert]

Re: [Name of Client/Name of Claimant]

You will be aware from the Court timetable that we provided you with that you are required by the court to conduct a discussion of this case with [Insert eg the claimant’s/defendant’s expert] for the purposes set out in the Rules (CPR 35.12).

The purpose of discussions between experts is to:

1. •

   identify and discuss the expert issues in the proceedings;

2. •

   reach agreed opinions on those issues, and, if that is not possible, narrow the issues;

3. •

   identify those issues on which they agree and disagree and summarise their reasons for disagreement on any issue;

4. •

   identify what action, if any, may be taken to resolve any of the outstanding issues between the parties.

They are not to seek to settle the proceedings.

Arrangements for discussions between experts should be proportionate to the value of cases.

[For Fast Track

This case has been allocated to the fast track and there should not normally be a face to face meeting telephone discussion or an exchange of letters should suffice.

OR

For Multi Track

In multi-track cases discussion may be face to face but the practicalities or the proportionality principle may require discussions to be