Summary

In the circumstances of the case, including the absence of a timely challenge to lack of form, the judge gave due weight to an expert report and the answers to questions without subtraction for lack of compliance with CPR 35 and rule 3 of the Practice Directions.

Learning points

Learning points for instructing parties are:

• When applying for permission to rely on expert evidence, identify a named expert rather than a company.

• When you receive an opposing expert report check that it complies with the relevant procedural rules, practice directions and guidance, and raise any objections within the deadline specified in the order.

• It is poor practice to raise for the first time in the skeleton argument a point about evidence to be taken at a trial.

Learning points for experts are:

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