ABSTRACT

Lord Woolf’s proposed rules will take time to implement but they are already having a persuasive effect on judges’ directions and orders for costs. In major commercial claims the best way to resolve complex quantum issues is for two accountants to be engaged to consider the position from their client’s point of view, report accordingly, and then meet, discuss, and narrow differences. A single expert would have an almost impossible task; determining an expert opinion might be possible but presenting an opinion for cross-examination by all parties does not sound like fun. There is no reason for a single expert to disclose that a wife has suggested that she wants 20 fur coats if that is absurd. Lord Woolf's rules allow for examination of the single expert in court but as much as can be eliminated from argument beforehand the better.