Arbitrations should begin with a default position of no disclosure of documents, a leading QC has argued. Peter Rees QC said for many disputes, each side had “all the documents it needs” and disclosure was a “time-consuming and expensive luxury”.
The Civil Procedure Rule Committee agreed minor variations that judges can adopt in orders for concurrent expert evidence – known as ‘hot-tubbing’ – but acknowledged the changes it has approved to the CPR are “not as radical” as had been recommended by the Civil Justice Council.
Concurrent expert evidence – known as hot-tubbing – should only be carried out in the “classic” manner where experts are sworn and give evidence at the same time, the Civil Procedure Rule Committee has decided. It decided against an alternative approached that embraced “the full range of methods”.
The Expert Witness Institute has appointed leading clinical negligence specialist Martin Spencer QC as its new chair of governors. He replaces the Sir Anthony Hooper, who completed his four-year tenure at the institute’s AGM last month.
The legal profession’s objections to judges having access to neutral assistance from a third party when facing specialist commercial or scientific matters in court need to be overcome, the Lord Chief Justice has said. He also revealed that the judiciary was “revisiting the rather neglected use of judges as arbitrators”.
The giving of concurrent evidence by expert witnesses or ‘hot-tubbing’ should not be “forced on unwilling parties,” a sub-committee of the Civil Procedure Rule Committee has advised. The rule committee agreed with this and has asked it to draft rule changes that would nonetheless promote the practice.
Government plans to impose fixed costs on clinical negligence cases worth up to £25,000 “will prevent many cases being brought”, the Civil Justice Council has warned. The CJC said it was particularly concerned that the new regime for experts “may indeed prove to be a barrier to access to justice”.
Insurer loses bid to appeal indemnity costs issue in unusual case where expert agreed to cover its costs
An insurer has failed to convince a judge that a medical expert who agreed to cover its costs in a whiplash case should be ordered to pay on the indemnity basis. Ageas Insurance appealed against the ruling at Liverpool County Court, but the appeal was rejected by the High Court.