A single joint expert (SJE) is an expert instructed to prepare a report for the court on behalf of two or more parties (including the claimant) to the proceedings (CPR 35.2 (2)).
What is a single Joint Expert (sje)?
The aim is to reduce cost and increase the efficiency of expert testimony. A Single Joint Expert (SJE) is an expert instructed to prepare a report for the Court on behalf of two or more of the parties (including the claimant) to the proceedings.
When should a joint expert be used in a case?
Wherever possible a joint report should be obtained. Single joint experts are the norm in cases allocated to the small claims track and the fast track. 35. In the early stages of a dispute, when investigations, tests, site
What are the rules for instructing a single Joint Expert?
The rules give some basic guidance as to the steps to be taken when instructing a single joint expert. Firstly CPR 35.8. (1) Where the court gives a direction under rule 35.7 for a single joint expert to be used, any relevant party may give instructions to the expert.
When are parties jointly and severally liable for expert fees?
(5) Unless the court otherwise directs, the relevant parties are jointly and severally liable for the payment of the expert’s fees and expenses. The Practice Direction is fairly light on the practical issue of instructing an expert, it provides some guidance as to when joint instruction should be considered.
What is a single joint expert (SJE)?
A single joint expert (SJE) is an expert instructed to prepare a report for the court on behalf of two or more parties (including the claimant) to the proceedings (CPR 35.2 (2)). This is different from an agreed expert which is an expert where the parties agree the identity of the expert but only one party instructs the expert and pays the experts' costs.
What is a CPR practice note?
This Practice Note provides guidance on the interpretation and application of the relevant provisions of the CPR. Depending on the court in which your matter is proceeding, you may also need to be mindful of additional provisions—see further below.
What is a SJE written report?
In most cases where a SJE is instructed, their written report will be all of the expert evidence required on the issue and may well be determinative of the case. The hope is that both parties will remain content with the SJE throughout and will be happy to accept their objective, expert conclusions.
Is a judge sceptical of the merits of a low value claim?
It is quite likely that a Judge will initially be sceptical of the merits of such an application, particularly in low value claims, but if the relevant principles from the authorities are properly impressed upon the Court then a more positive conclusion may well be obtained.
Can you cross-examine a SJE?
Another alternative is to cross-examine the SJE at trial. This is usually a very difficult strategy. There is no requirement for permission in order to instruct an expert for the purposes of providing guidance for undertaking cross-examination of a SJE but even with that help in the background it is often a very difficult task to successfully cross-examine an expert if the Court will not receive evidence from any other expert source.
Why use a single joint expert?
The main rationale for using a single joint expert (SJE) is to reduce the costs and delays associated with using expert witnesses on behalf of each of the parties in litigation . This has been in place for a number of years, but experience of SJE appointments confirms that new issues are raised and can actually lead to increased costs and delays.
How many experts are involved in an IP valuation?
So the number of experts involved could multiply to three or more, and only one of those would have an overriding duty to the court. So the potential for cost and delay associated with these circumstances can increase rather than decrease.
What is a budget expert?
budget. An expert who decides to issue a report without taking into account
What is 36 expert?
36. Experts who have previously advised a party (whether in the same case or
What is practice direction?
The Practice Direction is fairly light on the practical issue of instructing an expert, it provides some guidance as to when joint instruction should be considered.
How long do you have to give notice to an expert?
of the instructing parties, the expert should give notice (normally at least 7 days) of a deadline for their receipt. Unless the instructions are received within the. deadline the expert may begin work. If instructions are received after the deadline.
Does CPR require joint experts?
CPR encourage the use of joint experts. Wherever possible a joint report should
What is the purpose of a SJE?
The purpose of having a SJE is to save time and costs of all parties concerned. When one or both parties are dissatisfied with the opinion of the SJE and seek to adduce expert evidence of their own, it appears from this judgment that the threshold for allowing additional experts of the parties is not so high since it only requires the party to show that the reason for being dissatisfied with the SJE is not fanciful. In such case, the costs saving purpose may be frustrated since two or even three experts may have to be involved in the case.
What did the SJE conclude about the signature?
The SJE concluded that the signature was not genuine, which supported the Defendant’s case. The Plaintiff therefore instructed another handwriting expert who concluded that the evidence was inconclusive and he could not say one way or the other whether the signature was genuine or not.
What did the SJE fail to mention in his report?
The Court noted that in his report, the SJE had failed to mention that he had been provided with the notes, records and medical reports on Mrs Chan. Nor did it explain why he excluded the state of her health as a reason for the dissimilarities between her known signatures and the signature on the document in question. In these circumstances, the Plaintiff’s wish to commission and rely upon another expert’s opinion was entirely understandable.
