Single Joint Expert Appointments in Commercial Disputes: A Practical Guide
Single Joint Expert (SJE) appointments under CPR 35.7 can reduce costs and simplify expert evidence in commercial disputes. However, they require careful management of the joint instruction process and clear agreement on the issues to be addressed.
When SJE is Appropriate
CPR 35.7 provides that the court may direct that evidence on an issue is to be given by a single joint expert. SJE appointments are most appropriate where the financial issues are capable of objective determination and where the cost of competing expert evidence would be disproportionate.
They are less appropriate where the parties' positions on methodology are fundamentally incompatible, or where one party requires an expert to support an adverse preliminary view that may not survive independent analysis.
Joint Instruction Process
The joint letter of instruction should be agreed between the parties' solicitors and should define the issues to be addressed, the documents to be provided, the assumptions to be applied, and the format of the report. Disagreements on the letter of instruction should be referred to the court promptly rather than deferred.
Written Questions Process
Under CPR 35.6, parties may put written questions to an expert after the report is served. Questions should be focused and capable of a concise answer. The expert's primary duty is to the court, and questions that seek to elicit advocacy rather than clarification may be refused.
Sterling Forensic accepts SJE appointments in commercial disputes and confirms availability and realistic timelines at the outset of the instruction process.
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