Fourth, experts meetings should be conducted in accordance with the Practice Directions and protocols and the experts should be looking at all the same information. Experts should record the discussions, and must provide and sign a joint statement recording what is agreed and what is not agreed. The scope of the experts’ authority to reach agreement on matters within their discipline and remit, should not be circumscribed or limited by those instructing them so as to compromise their independence and or duty to the court. It is apparent from this and other recent decisions that the application of CPR Part 35 and the Practice Directions is not universally understood or diligently followed and that there are practical difficulties in applying the various rules. It may be time to review the whole question of the way in which experts are retained and supervised but until then, solicitors and experts should assure, rather assume, compliance.
Kenneth Salmon Consultant Solicitor
21 July 2021
[2] [1999] 2 All ER (Comm) 673
Made with FlippingBook Digital Proposal Creator