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Although it was anticipated that the introduction of the Woolf reforms would lead to more court-appointed experts in complex, high-value cases brought before the Commercial Court and the Technology and Construction Court, it is still normally the case that each party will appoint its own expert to advise and give evidence on the technical aspects of the dispute. Since the court now expressly requires any experts appearing before it to confirm that they have understood and complied with their duty to the court, and instructions to experts are no longer automatically privileged from disclosure, it is more important than ever that the parties appoint suitably qualified and experienced experts in such matters. What makes someone a good expert? There is no single right or easy answer, but those responsible for their selection and appointment may like to consider the following:

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