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PI Brief Update

Redaction of Expert Reports - Jack Harding, 1 Chancery Lane

10/05/14. What is the position where a litigant instructs an expert to comment upon matters within their expertise and the expert, whilst producing an acceptable overall report, trespasses into areas which are the realm of the trial judge? Should the opposing party be allowed to strike-through and redact the offending passages so as to ensure that the judicial mind remains free and unpolluted by irrelevant material? Is this really a proportionate response to the problem, particularly in an era in which the Courts have been at pains to emphasise the importance of avoiding unnecesary and costly satellite litigation?

This was one of many issues which arose in the recent decision of...

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All information on this site was believed to be correct by the relevant authors at the time of writing. All content is for information purposes only and is not intended as legal advice. No liability is accepted by either the publisher or the author(s) for any errors or omissions (whether negligent or not) that it may contain. 

The opinions expressed in the articles are the authors' own, not those of Law Brief Publishing Ltd, and are not necessarily commensurate with general legal or medico-legal expert consensus of opinion and/or literature. Any medical content is not exhaustive but at a level for the non-medical reader to understand. 

Professional advice should always be obtained before applying any information to particular circumstances.

Excerpts from judgments and statutes are Crown copyright. Any Crown Copyright material is reproduced with the permission of the Controller of OPSI and the Queen’s Printer for Scotland under the Open Government Licence.