Under the current Civil Procedure Rules (CPR), expert witnesses from a particular discipline involved in a case are usually directed to hold discussions known as the ‘meeting of experts’. The purpose of these discussions and requirements are set out in Rule 35.12.
In short, the experts – each subject to an overriding duty to the court – are asked to assist in narrowing the issues by identifying where they agree and disagree. The discussions are held on a ‘without prejudice’ basis and the experts are required to prepare a joint statement. Where there is disagreement, brief reasons should be stated.
