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Updates and Commentary on Civil Procedure, by Gordon Exall, Barrister, Kings Chambers
Browse: Home » Jointly instructed experts
EXPERT WATCH 41: THE COURT OF APPEAL REFUSES TO OVERTURN A DECISION WHERE THE "WRONG" TYPE OF  JOINT EXPERT WAS INSTRUCTED

EXPERT WATCH 41: THE COURT OF APPEAL REFUSES TO OVERTURN A DECISION WHERE THE “WRONG” TYPE OF JOINT EXPERT WAS INSTRUCTED

March 16, 2026 · by gexall · in Appeals, Avoiding negligence claims, Civil evidence, Civil Procedure, Credibility of experts, Expert evidence, Experts, Members Content

This is an unusual case where, after the event, a party to the litigation argued that the court had relied on the “wrong” type of expert evidence. An educational psychologist had been instructed as a joint expert whereas what was…

EXPERT WATCH 34: THE COURT REFUSES TO REPLACE A JOINTLY INSTRUCTED EXPERT BUT ALLOWS SOME OF THE PARTIES TO INSTRUCT THEIR OWN EXPERT

EXPERT WATCH 34: THE COURT REFUSES TO REPLACE A JOINTLY INSTRUCTED EXPERT BUT ALLOWS SOME OF THE PARTIES TO INSTRUCT THEIR OWN EXPERT

February 12, 2026 · by gexall · in Applications, Civil evidence, Civil Procedure, Credibility of experts, Expert evidence, Experts, Members Content

When it is appropriate for a court to replace a jointly instructed expert? That issue was considered in this case. The judge rejected the allegations made about the jointly instructed expert, however given that expert evidence was central to the…

EXPERT WATCH 20: THE APPROPRIATE APPROACH WHEN THE PARTIES CANNOT AGREE INSTRUCTIONS TO A SINGLE JOINT EXPERT

October 17, 2025 · by gexall · in Civil evidence, Civil Procedure, Costs, Expert evidence, Experts, Members Content

Here we are looking at a case where there was an issue as to the instructions given, or to be given, to a single joint expert.  The judge set out the basis upon which such experts are instructed and the…

WHEN THE JOINTLY INSTRUCTED EXPERT REPORT  IS OF "LITTLE OR NO" ASSISTANCE TO THE COURT: A CASE IN POINT

WHEN THE JOINTLY INSTRUCTED EXPERT REPORT IS OF “LITTLE OR NO” ASSISTANCE TO THE COURT: A CASE IN POINT

June 19, 2025 · by gexall · in Civil evidence, Civil Procedure, Credibility of experts, Expert evidence, Experts, Members Content

The courts encourages the use of jointly instructed experts   However this does not mean that the case, or even key issues in the case, are necessarily determined by those experts.   Here we have a case where the judge held that…

WHEN THE PARTIES COULD NOT AGREE WHO THE JOINT EXPERT SHOULD BE: FAILURE TO ENGAGE COST THE CLAIMANT

WHEN THE PARTIES COULD NOT AGREE WHO THE JOINT EXPERT SHOULD BE: FAILURE TO ENGAGE COST THE CLAIMANT

August 9, 2023 · by gexall · in Applications, Case Management, Expert evidence, Experts, Members Content

I cannot remember many judgments where the sole issue has been who the jointly instructed expert should be.  However we have such a case in the judgment of Mr Nicholas Thompsell (sitting as a High Court judge) in  Gheewalla v…

COURT OF APPEAL OVERTURNS FINDINGS OF FACT & CONSIDERS THE IMPORTANT ROLE OF THE SINGLE JOINT EXPERT

COURT OF APPEAL OVERTURNS FINDINGS OF FACT & CONSIDERS THE IMPORTANT ROLE OF THE SINGLE JOINT EXPERT

May 2, 2017 · by gexall · in Appeals, Damages, Expert evidence, Members Content, Witness statements

We have already looked at the decision in Perry -v- Raleys Solicitors [2017] EWCA Civ 314 in the context of the award of interest.   The decision also contains important observations about evidence and the way in which the courts approach…

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  • AN "EXTERNAL" REPORT IS RELEVANT TO THE ISSUES IN THE CASE BUT THE JUDGE WILL DETERMINE ALL KEY MATTERS THEMSELVES..
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  • THERE WAS NO AGREEMENT TO EXTEND TIME FOR SERVICE AS THE DEFENDANT ASSERTED: THE SCCO REFUSES TO SET ASIDE A DEFAULT COSTS CERTIFICATE

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