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An expert instructed by both parties to report on an issue in the proceedings which is not agreed.
The SJE is a witness for the court and not the chosen expert of either party to the litigation. Typically each party will pay one half of the costs of the report prepared by the SJE whose report is usually (but not always) binding on both parties.
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Checklist—letter of instruction to expert This Checklist should be considered in conjunction with: • Practice Note: Instructing an expert • Precedent: Letter of instruction to own expert • Guidance introduced in 2014 for the instruction of experts in civil claims; the term 'Guidance' used below means the Civil Justice Council's Guidance for the instruction of experts in civil claims in force as from 1 December 2014 This Checklist assumes: • proceedings have been started—see Practice Note: Instructing an expert—Before proceedings start—all claims (including those covered by pre-action protocols) and Instructing an expert—Before proceedings start • permission has already been obtained to adduce the expert evidence under CPR 35.4—see Practice Note: Applying for permission to adduce expert evidence • the expert is acting as an expert witness as opposed to an adviser—see Practice Note: Expert witnesses, expert advisers and assessors • the expert is not a single joint expert—see Practice Note: Single joint experts • exchange of expert reports is to be simultaneous rather than sequential—see Practice Note: Expert report—Exchange of...
Procedural guide—applications under the Trusts of Land and Appointment of Trustees Act 1996 This Procedural Guide sets out the steps to be taken on an application under section 14 of the Trusts of Land and Appointment of Trustees Act 1996 (TOLATA 1996) by a trustee of land, or a beneficiary with an interest in property subject to a trust of land. It includes guidance on the criteria for an application, the pre-action protocol, offers under Part 36 of the Civil Procedure Rules 1998 (CPR), SI 1998/3132, evidence requirements and orders that may be made by the court. An application under TOLATA 1996, s 14 may be made by a trustee of land or a beneficiary with an interest in property subject to a trust of land. Additionally any other person with an interest in such property, such as a mortgage company, has standing to bring a claim. The court has a broad discretionary range of powers to make orders regarding the exercise of the trustees’ functions or to the nature...
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This Practice Note provides guidance on the use of expert evidence in financial proceedings, including the provisions of Part 25 of the Family Procedure Rules 2010 (FPR 2010) and the linked practice directions. It also provides guidance on the requirements for permission to adduce (ie introduce in evidence) expert evidence and restrictions on expert evidence, together with considerations as to the appointment of a single joint expert or one expert for each of the parties. It also considers the expert's duty to the court and who is an expert. See Practice Note: Instructing experts in financial proceedings for practical guidance on:•steps to be taken before the formal instruction of an expert•directions that may be given by the court•the letter of instruction•supplementary instructions and directions•the form and content of the expert’s report, and•meetings and discussions between expertsAs part of the disclosure process, it will often be necessary to obtain expert evidence regarding the valuation of properties, businesses and other assets (for example, jewellery, antiques or pension benefits). However, such evidence should...
This Practice Note provides guidance on the joint instruction of an expert witness in financial proceedings under the Family Procedure Rules 2010 (FPR 2010), SI 2010/2955, Pt 25 and supporting practice directions, including what to consider before a formal instruction, the application for permission, the contents of the letter of instruction and how to deal with supplemental instructions. It also covers the general approach to expert evidence, the form and content of the expert’s report and the provisions for meetings and discussions between experts in cases where each party has instructed their own expert.General principlesThe following principles have general application:•expert evidence will be restricted to that which in the opinion of the court is necessary to assist the court to resolve the proceedings•it is the duty of experts to help the court on matters within their expertise—this duty overrides any obligation to the person from whom experts have received instructions or by whom they are paid•no party may put expert evidence (in any form) before the court without the court’s...
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Letter to client enclosing order made at first appointment Dear [insert client name] Finances I enclose a copy of the order made by [deputy] [district] judge [insert name] at the first appointment at the [insert name of court] on [insert date]. The order provides that: • you and your [former] [husband OR wife OR civil partner] are to reply to questionnaires by [insert date]. • [a letter of instruction to a single joint expert to provide evidence on [insert details, for example, the value of a property or business] has to be agreed by [insert date]] • [the letter of joint instruction must be sent to the single joint expert by [insert date]] • [the single joint expert must file their report by [insert date]] • your case has been listed for a financial dispute resolution (FDR) hearing on [insert date] at [insert time] at [insert name of court]. You should attend court at [insert time], an hour earlier than the...
Witness statement in support of application for permission to instruct own expert to give evidence when dissatisfied with single joint expert’s report Filed on behalf of the [claimant OR defendant] Witness statement of [insert initial and surname of witness] Number of witness statement: [insert number of witness statement in relation to the witness] Exhibit details: [insert initials and number of each exhibit referred to] Date on which the statement was made: [insert date] [Date of translation: [insert date]] Claim No. [insert claim number]. [IN THE HIGH COURT OF JUSTICE [BUSINESS AND PROPERTY COURTS [OF ENGLAND AND WALES OR IN [insert location] OR [Specify division] [Specify specialist court] [Insert location] DISTRICT REGISTRY THE COUNTY COURT AT [insert location] [BUSINESS AND PROPERTY COURTS LIST between: [insert name] Claimant and [insert name] Defendant _______________________________________ [NUMBER OF WITNESS STATEMENT EG FIRST] witness statement of [insert name of witness] On behalf of the [Claimant OR Defendant] _______________________________________ I, [insert full name of witness] of [insert address] will say...
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Is a Part 20 defendant normally required to complete a directions questionnaire ‘DQ’ (Form N181), does this answer change if the claim would be fast track, but the Part 20 claim multi-track? If the notice of allocation sent to the claimant does not require budgets, disclosure discussion report etc, can you ignore and propose standard directions? Also, outside the disclosure pilot, can one use standard disclosure? In this Q&A, the defendant’s Part 20 claim is a counterclaim that has been made against a person other than the claimant under CPR 20.5. Is a Part 20 defendant required to file a directions questionnaire? CPR 20 deals with counterclaims and other additional claims by the defendant. CPR 20.3(2) sets out which of the Civil Procedure Rules do not apply to additional claims (which, as defined in CPR 20.2(2) includes counterclaims). Included in the rules that do not apply to additional claims is CPR 26, which sets out the requirement for the parties to file a directions questionnaire (DQ)....
Where a court appointed single joint expert has failed to comply with a court order to file their report, can an application be made to the court for the expert to attend court and explain their non-compliance? If so, what is the procedure? Can an order for costs be made against an expert in those circumstances? The appointment of an expert in family proceedings is governed by Part 25 of the Family Procedure Rules 2010 (FPR 2010), SI 2010/2955. Pursuant to FPR 2010, SI 2010/2955, 25.3 an expert has a duty to help the court on matters within their expertise, which overrides any obligation to the person instructing them. The court has a discretion as to whether each party should have their own experts, or whether under FPR 2010, SI 2010/2955, 25.11 a single joint expert should be instructed, which will often be the norm (FPR 2010, PD 25D, para 2.1). By FPR 2010, SI 2010/2955, 25.9 unless the court directs otherwise, expert evidence is to be...
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Family analysis: His Honour Judge Booth (sitting as a High Court judge) has confirmed in the clearest terms that the duty of full and frank disclosure in financial remedy arbitrations endures until the court order reflecting the award is made. Although the wife in the case succeeded in her non-disclosure argument regarding the husband’s business, the result for her was ultimately Pyrrhic in light of the extent of her incurred costs and the way she had pursued other matters which were held not to be capable of producing a material difference on the outcome. Both parties’ approaches to the issues received judicial criticism. David Wilkinson, solicitor at Slater Heelis, examines the issues
Restructuring and Insolvency analysis: The claimant sought a finding of unfair prejudice against his two brothers, and co-directors, with regards the management of the third defendant company. He invited the court to wind up the company on a just and equitable basis or, alternatively, that his share purchase order be made. While the court upheld some of the complaints of unfairly prejudicial conduct, it dismissed others. In so doing the court provided helpful guidance in terms of the nature of conduct deemed to be unfairly prejudicial; the ingredients for a quasi-partnership; what steps are required for the effective dismissal of a director; the binding nature of reports prepared by single joint experts; and when, following presentation of an unfair prejudice petition, it may be appropriate to wind up the company concerned rather than award payment for the minority shareholder’s shareholding and interest. Written by Olivia Chaffin-Laird, a barrister at 33 Chancery Lane.
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