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Meetings Of Experts

Meetings of experts in relation to the Technology and Construction Court

The desirability of holding without prejudice meetings between experts at all stages of the pre-trial preparation should be kept in mind. The desired outcome of such meetings is to produce a document whose contents are agreed and which defines common positions or each expert’s differing position. The purpose of such meetings includes the following: • The provision to the expert of any written questions from the parties, which the expert must answer in writing. • to define a party’s technical case and to inform opposing parties of the details of that case; • to clear up confusion and to remedy any lack of information or understanding of a party’s technical case in the minds of opposing experts; • to identify the issues about which any expert is to give evidence; • to narrow differences and to reach agreement on as many “expert” issues as possible; and • to assist in providing an agenda for the trial and for cross examination of expert witnesses, and to limit the scope and length of the trial as much as possible. In many cases it will be helpful for the parties’ respective legal advisors to provide assistance as to the agenda and topics to be discussed at an experts’ meeting. However, (save in exceptional circumstances and with the permission of the judge) the legal advisors must not attend the meeting. They must not attempt to dictate what the experts say at the meeting. Experts’ meetings can sometimes usefully take place at the site of the dispute. Thought is needed as to who is to make the necessary arrangements for access, particularly where the site is occupied or in the control of a non-party. Expert meetings are often more productive, if (a) the expert of one party (usually the claimant) is appointed as chairman and (b) the experts exchange in advance agendas listing the topics each wishes to raise and identifying any relevant material which they intend to introduce or rely on during the meeting. It is generally sensible for the experts to meet at least once before they exchange their reports.

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Esme Anderson, 'Meetings Of Experts' (lawi.org.uk 2020) <https://lawi.org.uk/meetings-of-experts/> accesed 2021 October 16

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  • Article Name: Meetings Of Experts
  • Author: Esme Anderson
  • Description: Meetings of experts in relation to the Technology and Construction Court [rtbs name="technology-and-construction-court"]The [...]

This entry was last updated: August 31, 2020


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