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.
Disclosure (what was called discovery) is another early cost, as the search for relevant documents must be done before the claim can be made. (Bear in mind that documents in evidence can range from a slim sheaf to several rooms full of boxes.)
But Woolf has at least stopped the need to dig up every last document which might conceivably be needed (mention Peruvian Guano to a lawyer and watch him flinch), using the rule of proportionality to decide what is reasonable.
For further information please contact Mike Henley, e-mail: Click Contact Link , Tel: + 44 113 284 7000
This article was first published in a special supplement to the March 1999 Hammond Suddards Commercial Dispute Resolution Newsletter
The information and opinions contained in this article are provided by Hammond Suddards. They should not be applied to any particular set of facts without appropriate legal or other professional advice.
Disclosure (what was called discovery) is another early cost, as the search for relevant documents must be done before the claim can be made. (Bear in mind that documents in evidence can range from a slim sheaf to several rooms full of boxes.)
But Woolf has at least stopped the need to dig up every last document which might conceivably be needed (mention Peruvian Guano to a lawyer and watch him flinch), using the rule of proportionality to decide what is reasonable.
For further information please contact Mike Henley, e-mail: Click Contact Link , Tel: + 44 113 284 7000
This article was first published in a special supplement to the March 1999 Hammond Suddards Commercial Dispute Resolution Newsletter
The information and opinions contained in this article are provided by Hammond Suddards. They should not be applied to any particular set of facts without appropriate legal or other professional advice.
