ABSTRACT
The court has power under CPR 35.12(1) to order that the experts instructed by the parties meet and discuss their evidence in order to identify the issues in the proceedings and, where possible, reach agreement on an issue. In addition, the court may specify the issues which the experts must discuss (CPR 35.12(2)). The court can also direct that, following a discussion between the experts, they must prepare a statement for the court showing both the issues which they agree on and the issues which they disagree on, together with a summary of their reasons for disagreeing (CPR 35.12(3)). Where the experts reach agreement on an issue, that agreement is not binding on the parties, unless the parties expressly agree to be bound by it (CPR 35.12(5)). The contents of the discussion between the experts cannot be referred to at the trial unless the parties agree (CPR 35.12(4)).
