Where the court gives a direction under rule 35.7 for a single joint expert to be used, any relevant party may give instructions to the expert, but must, at the same time, send a copy to the other relevant parties. Several parties may be able to agree on joint instructions to be given to the single joint expert. However, it has to be expected that they may not be able to agree. Where a single joint expert receives conflicting instructions from the parties, which cannot be resolved by discussion, the expert may wish to exercise his/her right to apply to the court for directions. A single joint expert should not have discussions with one party in the absence of the other. If a single joint expert is called to give oral evidence at trial, both parties will have the opportunity to cross-examine them, but with a degree of restraint, given that the expert has been instructed by the parties.
Single Joint Instruction Andrew Gray 2018-02-23T14:48:27+00:00