DR - witnesses - experts Flashcards
1
Q
What happens after expert witness reports have been exchanged?
A
After notice in directions questionnaire giving:
- cost
- expertise
Then:
- 28 days to ask questions, (but only once). Answers become part of expert report
- If don’t answer, expert report may be said to be unreliable by court
- Set availability for Court
- experts agree areas of dispute.
2
Q
How long do you have to ask questions of experts?
A
Questions must be served 28 days after report received
3
Q
How many times can an expert be questioned in relation to their report?
A
Once
4
Q
Where should questions to experts be sent?
A
To the expert and a copy to the other party
5
Q
Who are expert reports addressed to?
A
The court
6
Q
For small and fast track claims, when will the court grant permission for an expert to appear at trial?
A
If it’s in the interests of justice
7
Q
Is a letter of instruction from solicitor to expert privileged?
A
No but no automatic right to inspection
8
Q
Is an expert report privileged?
A
- Yes, but waived when submitted
- Draft reports remain privileged
