ABSTRACT
And again: The requirements of the practice direction that an expert understands his responsibilities, and is required to give details of his qualifications and the other matters set out in paragraph 1 of the practice direction, are intended to focus the mind of the expert on his responsibilities in order that the litigation may progress in accordance with the overriding principles contained in Part 1 of the CPR. Mr (X) had demonstrated that he had no conception of those requirements and I am quite satisfied that the judge had no alternative but to take the action which he did notwithstanding the fact that the CPR had only recently come into force and that the consequences to the defendant of the course which was taken were draconian and could deprive him of a claim which he might otherwise have ... [p 533e]
Where a party has access to information which is not reasonably available to the other party, the court may direct the party who has access to the information to – (a) prepare and file a document recording the information; and
(b) serve a copy of that document on the other party.
