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Updates and Commentary on Civil Procedure, by Gordon Exall, Barrister, Kings Chambers
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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…

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…

THE APPOINTMENT OF A SINGLE JOINT EXPERT DOES NOT DISPLACE THE TRIAL JUDGE: EXPERTS SHOULD NOT "OVERREACH"

THE APPOINTMENT OF A SINGLE JOINT EXPERT DOES NOT DISPLACE THE TRIAL JUDGE: EXPERTS SHOULD NOT “OVERREACH”

June 1, 2019 · by gexall · in Civil evidence, Credibility of experts, Expert evidence, Experts, Members Content

In O v B-M [2019] EWFC B23 Mr Recorder Allen QC noted that a Single Joint Expert had gone beyond their remit in making findings of “fact”.   The parties do not “abdicate” findings to a single joint experts and the…

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