Ten tips for acting as a Single Joint Expert

Acting as a Single Joint Expert can be more challenging than being a party appointed expert. You have to deal appropriately with multiple parties and the likely disappointment of at least one of the parties in the conclusions you reach. Ten tips for acting as a Single Joint Expert are: 

1. Make sure you fully understand the relevant procedural rules, practice directions and guidance that relate to acting as a Single Joint Expert, as these do vary between court jurisdictions. 

2. Make sure your Terms and Conditions are clear and robust and that all sides have signed up to them. You can use EWI's Standard Expert Terms and Conditions of Engagement. 

3. Ensure it is clear who will be paying your fees and avoid releasing reports until these have been paid.

4. If an SJE has been appointed and a party wants to instruct you as a shadow expert, be aware that the cost of your fees and expenses won’t be recoverable from the other party. 

5. Take care if you have previously been involved with one of the relevant parties (in the same case or an earlier case). All relevant information about your previous involvement will have to be given to the other parties. 

6. Always keep in mind that you are acting for multiple parties or defendants. You should not meet one of the parties instructing you in the absence of the other party or parties and, if represented, their legal representatives. Check out O v O where the SJE got this wrong. 

7. Whenever practical try to use forms of communication, such as email, which can be copied to all parties simultaneously.

8. Be wary of a party who, having been refused permission to rely on the evidence of a solely instructed expert, attempts to introduce their expert’s evidence through questions that go beyond clarification of your opinion. 

9. You don’t always have to be seen as right. As an SJE’s you should accept that at least one of the parties who instructs you will probably be disappointed with your evidence. 

10. Check out our podcast on Single Joint Expert for great advice on acting as an SJE from EWI members Jonathan Galbraith and Heather Dunne, including advice on using staged payments to ensure you get paid!

You can access resources on acting as a Single Joint Expert on the EWI Knowlege Hub. We are also holding our next Single Joint Experts training webinar on 20 November - you can find details about that webinar here.