The appointment of a Single Joint Expert to provide expert evidence to the court in civil proceedings is always intended to save time – and the all-important legal costs of the parties. A litigant’s failure to cooperate with selecting an expert is likely to cost them, as a recent decision1 illustrates.
The specialist litigation lawyers at ParrisWhittaker in Jamaica and the surrounding region have years of success in representing parties in commercial disputes and individuals seeking personal injury compensation.
The role of expert witnesses
The testimony of expert witnesses is crucial to the just and fair resolution of a case, for example robust medical evidence in personal injury cases; and forensic accountants in financial or divorce cases.
However, expert witnesses can be costly and it may be considered unnecessary for both litigants to appoint their own expert witness. To aid the efficiency of a case, particularly in lower value claims, it is common for a Single Joint Expert (SJE) to be appointed by the court.
The SJE is instructed to prepare their report on behalf of both (or all) the parties. As is the case for all expert witnesses, the SJE’s duty is to assist the court on matters within their expertise. They must act impartially and independently and comply with their duties under the Supreme Court Rules.
But problems can arise where the parties fail to agree on an appropriate SJE. Complying with a judge’s directions and not delaying the process is important for all the parties involved in proceedings.
What happened in this case? Read more
