ABSTRACT

The interlocutory stage proceeded normally until the point shortly before the hearing when the experts were due to meet “without prejudice” as directed by the arbitrator, to agree figures as figures and narrow the issues so far as possible. The arbitrator proposed that the chosen tribunal appointed expert be permitted to sit in on this discussion and to advise and assist him during his questioning of the experts. During the hearing the arbitrator will have to be alert as to these witnesses of fact and to take care not to admit evidence of opinion. The hearing proceeded until the claimant’s expert was called and he concluded his evidence in chief. The claimant property company requested permission to call the architect who had by then left its employ as an expert witness on quality of workmanship. Certainly the Civil Procedure Rules herald a dramatic change in the court’s approach to attempt to achieve speedy cost-effective litigation.