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If a claimant has been asked to prove his allegations by getting a medical legal Fully compliant CPR report
with an expert writing about
-Breach of duty
-Causation
which will give the claimant a stronger position,
and then after this report it completed and given to the claimant,
the claimant hands it to the defendant in the hope that the defendant will see that they claimant has strong evidence (this report) and the defendant might make a Part 35 negotiation offer, to settle out of court
Then from the moment this report is given to the claimant, and then to the defendant (by the claimant) and from the point the defendant writes the 'letter' of negotiation and posts it to the claimant, saying they are willing to settle out of court (on the basis that the defendant feels 'cornered' due to this expert report)
then will the defendant/ or defendants solicitors contact this expert who wrote the report for the claimant?
or after a report is obtained, then the defendant wont contact the expert directly,
(I know if the case ever goes to court, then the defendant might be required to attend to give his opinion)
but I am asking, would the defendant ever contact the expert directly, towards the point when a part 35 offer to settle is made by the defendant ?
or is that breaching the terms & condition of the claimant-expert?
with an expert writing about
-Breach of duty
-Causation
which will give the claimant a stronger position,
and then after this report it completed and given to the claimant,
the claimant hands it to the defendant in the hope that the defendant will see that they claimant has strong evidence (this report) and the defendant might make a Part 35 negotiation offer, to settle out of court
Then from the moment this report is given to the claimant, and then to the defendant (by the claimant) and from the point the defendant writes the 'letter' of negotiation and posts it to the claimant, saying they are willing to settle out of court (on the basis that the defendant feels 'cornered' due to this expert report)
then will the defendant/ or defendants solicitors contact this expert who wrote the report for the claimant?
or after a report is obtained, then the defendant wont contact the expert directly,
(I know if the case ever goes to court, then the defendant might be required to attend to give his opinion)
but I am asking, would the defendant ever contact the expert directly, towards the point when a part 35 offer to settle is made by the defendant ?
or is that breaching the terms & condition of the claimant-expert?
