Rule 35.12 Discussions between expertsI1

England and Wales

(1)

The court may, at any stage, direct a discussion between experts for the purpose of requiring the experts to—

F1(a)

identify and discuss the expert issues in the proceedings; and

(b)

where possible, reach an agreed opinion on those issues.

(2)

The court may specify the issues which the experts must discuss.

F2(3)

The court may direct that following a discussion between the experts they must prepare a statement for the court setting out those issues on which—

(a)

they agree; and

(b)

they disagree, with a summary of their reasons for disagreeing.

(4)

The content of the discussion between the experts shall not be referred to at the trial unless the parties agree.

(5)

Where experts reach agreement on an issue during their discussions, the agreement shall not bind the parties unless the parties expressly agree to be bound by the agreement.

Annotations

Textual amendments

F1: Rule 35.12(1)(a)(b) substituted (25.3.2002) by The Civil Procedure (Amendment No. 5) Rules 2001 (S.I. 2001/4015), rules 1(c), 21
F2: Rule 35.12(3) substituted (1.10.2009) by The Civil Procedure (Amendment) Rules 2009 (S.I. 2009/2092), rules 1(2), 5(r)

Commencement

I1: Rule 35.12 in force at 26.4.1999, see Signature

Notes on Part 35

Textual amendments

F1: Words in Pt. 35 Table of Contents substituted (1.10.2009) by virtue of The Civil Procedure (Amendment) Rules 2009 (S.I. 2009/2092), rules 1(2), 5(a)