Experts’ Joint Statements

Experts’ Joint Statements in relation to the Technology and Construction Court

[rtbs name=”technology-and-construction-court”]Following the experts’ meetings, and pursuant to Civil Procedure Rules 35.12 (3), the judge will almost always require the experts to produce a signed statement setting out the issues which have been agreed, and those issues which have not been agreed, together with a short summary of the reasons for their disagreement. In any Technology and Construction Court case in which expert evidence has an important role to play, this statement is a critical document and it must be as clear as possible. It should be noted that, even where experts have been unable to agree very much, it is of considerable importance that the statement sets out their disagreements and the reasons for them. Such disagreements as formulated in the joint statement are likely to form an important element of the agenda for the trial of the action. Whilst the parties’ legal advisors may assist in identifying issues which the statement should address, those legal advisors must not be involved in either negotiating or drafting the experts’ joint statement. Legal advisors should only invite the experts to consider amending any draft joint statement in exceptional circumstances where there are serious concerns that the Technology and Construction Court may misunderstand or be misled by the terms of that joint statement. Any such concerns should be raised with all experts involved in the joint statement.