We have just refreshed our guidance on ‘Expert Discussions and Joint Statements' in the EWI Knowledge Hub (https://www.ewi.org.uk/Knowledge-Hub). Prepared with the input of members and the EWI Editorial Committeee, the guidance includes lots of invaluable advice for navigating each of the key stages in expert discussions and joint statements, form and content, joint statement templates, and how to avoid the common pitfalls. 

Joint Statements are crucial documents in any proceeding. It is often the first thing that the court will read because it brings important clarity for the court and gives direction and structure to the proceedings, helping the court understand how the issues set out in the expert reports match together. It is also an early opportunity for your side to test the other side’s opinion.

Check out the tips below, before heading over to the Knowledge Hub! You can also book onto the next training session on Expert Discussion & Joint Statements - From Law to Practice - on 2 July 2025. 

1. Before the experts’ discussion:

   1. Agree the ‘ground rules’ for the discussion. 

   2. Make sure you are completely familiar with the agenda and any questions you have been provided as well as your own and the opposing expert’s report. Give some thought before the meeting to the apparent areas of agreement and disagreement based on the reports.

   3. Where one of you has information that the other is lacking, it is important not to share the information directly with the opposing expert.

2. During the experts’ discussion:

   1. Do not try to reach a compromise on the issues with the other expert. This is the role for the lawyers not the experts.

3. Preparing the Joint Statement:

   1. At the end of the discussion agree how the joint statement will be drafted. Be aware of deadlines in the relevant procedural rules!

   2. There is no required format for the Joint Statement. Unless a format is directed by the court or set out by the instructing parties, you and your colleague are free to use the format that is most suitable for the case and the presentation of the expert evidence. Check out the EWI Knowledge Hub for joint statement templates that you can adapt for your use.

   3. Don’t forget to include the required restatement that the experts recognise their duties and, in the case of civil cases, an express statement that the experts have not been instructed to avoid reaching agreement on any matter within the experts’ competence. You can find these in the EWI Knowledge Hub.

   4. If you didn’t write it, carefully review the joint statement to make sure that it accurately represents your discussion.