09 July 2024 Sean Mosby 491 Case Updates The Single Joint Expert and Lord Woolf's staggered approach bySean Mosby Summary A Single Joint Expert had been appointed, but the appellant wished to rely on the evidence of his solely instructed expert and was appealing an order preventing him from doing so. The appeal judge concluded that the judge who refused this permission acted prematurely, without all the evidence required to make a reliable decision, and should have instead adopted the staggered approached recommended by Lord Woolf in Daniels v. Walker. Key learning points from this case Learning points for instructing parties: When an SJE has been appointed, but one of the parties wishes to rely on their own evidence, the court should follow the approach recommended by Lord Woolf in Daniels v. Walker. In determining whether to permit a party in such circumstances to rely on a solely instructed expert, following Lord Woolf’s staggered approach will ensure the court has all the evidence needed to make a reliable decision. This approach is particularly important where the difference between the parties is a critical point. Where the difference is a critical point, this may militate in any event in favour of an adjournment. Learning points for experts: To continue reading you must be an EWI member, become a member and access exclusive content. Already a member? Login More links Link to the Judgment Share Print Tags case management05. Rules and Regulations08. Being instructed as a Single Joint Expert11. Responding to questions12. Experts Discussions and Joint StatementsDaniels v. Walker Related articles Is it within the remit of an expert to decide which witness of fact they believe or disbelieve? When the joint statement is no more than really two statements, one from each expert. The dangers of a considerable burden of expert work Preliminary (pre-report) experts’ meetings Solicitors Regulation Authority Ltd v Khan & Ors [2024] EWCA Civ 531 Switch article When lawyers interfere with a Joint Statement Previous Article Update on Civil Procedure Rule Committee Access to Court Documents Proposals Next Article Comments are only visible to subscribers.