Rule 35.8 Instructions to a single joint expertI1

England and Wales

(1)

Where the court gives a direction under rule 35.7 for a single joint expert to be used, F1any relevant party may give instructions to the expert.

F2(2)

When a party gives instructions to the expert that party must, at the same time, send a copy to the other relevant parties.

(3)

The court may give directions about—

(a)

the payment of the expert’s fees and expenses; and

(b)

any inspection, examination or experiments which the expert wishes to carry out.

(4)

The court may, before an expert is instructed—

(a)

limit the amount that can be paid by way of fees and expenses to the expert; and

(b)

direct that F3some or all of the relevant parties pay that amount into court.

(5)

Unless the court otherwise directs, the F4relevant parties are jointly and severally liable^(GL) for the payment of the expert’s fees and expenses.

Annotations

F1: Words in rule 35.8(1) substituted (1.10.2009) by The Civil Procedure (Amendment) Rules 2009 (S.I. 2009/2092), rules 1(2), 5(l)
F2: Rule 35.8(2) substituted (1.10.2009) by The Civil Procedure (Amendment) Rules 2009 (S.I. 2009/2092), rules 1(2), 5(m)
F3: Words in rule 35.8(4)(b) substituted (1.10.2009) by The Civil Procedure (Amendment) Rules 2009 (S.I. 2009/2092), rules 1(2), 5(n)
F4: Word in rule 35.8(5) substituted (1.10.2009) by The Civil Procedure (Amendment) Rules 2009 (S.I. 2009/2092), rules 1(2), 5(o)

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)