Claimant has paid for an "expert witness report", before the start of any claim. Although the court's permission is not generally required to instruct an
expert, the court's permission is required before an expert’s report can be relied upon. The report is therefore addressed to the claimant (who has provided instructions) and not the court.
There are a number of factual errors in the report (which can be addressed by other witness statements).
We now have to provide draft directions, prior to a CMC. No doubt the claimant will wish to to reply on this report. Can we asked that the court does not rely on the report as an "expert witness", or ask that a single joint witness is instructed (with joint instructions)
expert, the court's permission is required before an expert’s report can be relied upon. The report is therefore addressed to the claimant (who has provided instructions) and not the court.
There are a number of factual errors in the report (which can be addressed by other witness statements).
We now have to provide draft directions, prior to a CMC. No doubt the claimant will wish to to reply on this report. Can we asked that the court does not rely on the report as an "expert witness", or ask that a single joint witness is instructed (with joint instructions)
Comment