iv. Procedural requirements

iv. Procedural requirements

Parties must obtain leave from the court to adduce expert evidence, which is usually limited to one expert per party on liability and quantum. Reports filed without leave may be ruled inadmissible. 

If parties are allowed to appoint their own experts, the experts are often directed to conduct joint inspections and prepare a joint report stating agreed facts and areas of disagreement to save time and costs. 

If separate experts are permitted but take different views on necessary tests or third-party consultants, they must not act unilaterally. Instead, they are required to apply to the court for further expert directions to ensure that any additional testing is carried out proportionally. 

Experts are generally not permitted to use supplemental reports to cure deficiencies in earlier reports without court leave. 

The courts increasingly view the appointment of a Single Joint Expert as the default position to ensure proportionality in terms of costs and time.