Summary

A Single Joint Expert had been appointed, but the appellant wished to rely on the evidence of his solely instructed expert and was appealing an order preventing him from doing so. The appeal judge concluded that the judge who refused this permission acted prematurely, without all the evidence required to make a reliable decision, and should have instead adopted the staggered approached recommended by Lord Woolf in Daniels v. Walker.

Key learning points from this case

Learning points for instructing parties:

• When an SJE has been appointed, but one of the parties wishes to rely on their own evidence, the court should follow the approach recommended by Lord Woolf in Daniels v. Walker.
• In determining whether to permit a party in such circumstances to rely on a solely instructed expert, following Lord Woolf’s staggered approach will ensure the court has all the evidence needed to make a reliable decision.
• This approach is particularly important where the difference between the parties is a critical point.
• Where the difference is a critical point, this may militate in any event in favour of an adjournment.

Learning points for experts:

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