Woolf Reform: Expert witnesses and disclosure

This is a fundamental change, effectively turning the litigation process on its head. Up until now, using expert witnesses was left until the case was some way down the road; after 26 April experts' reports may have to be included with the very first formal document. Another Woolf reform is that the court wants one expert witness in the box, not two as before. As claimant and defendant are hardly like to agree on a single expert, the reality is likely to be three experts - one appointed by the court and one on each side to help counsel in cross-examination. Another new rule is that litigant's instructions to experts are no longer privileged and must be disclosed, so no more tactical use of experts to enhance one's own case at the expense of the other side.