ABSTRACT
Expert witnesses in England in recent years have almost invariably been appointed by the parties to give evidence on their behalf. The current concentration on reducing costs results from the proposition that a fully argued determination at unaffordable cost and excessive delay is incompatible with justice. Judges want the expert to feel free to report to the court as they think fit. There will have to be some balance so that the case management of the judges allows the expert to tailor his report to the fee allocated. The court has the power to limit the expert’s fees but it would be counterproductive for an expert to be so harshly limited that the expert has to gloss over real counter arguments that might be put. The equivalent for a single joint expert is to refer to the court for directions, not something to be taken lightly.
