27 August 2024 Sean Mosby 355 Case Updates Jonathan Ewan Marcus v Edward Quintin Marcus [2024] EWHC 2086 (Ch) bySean Mosby Summary In the circumstances of the case, including the absence of a timely challenge to lack of form, the judge gave due weight to an expert report and the answers to questions without subtraction for lack of compliance with CPR 35 and rule 3 of the Practice Directions. Learning points Learning points for instructing parties are: When applying for permission to rely on expert evidence, identify a named expert rather than a company. When you receive an opposing expert report check that it complies with the relevant procedural rules, practice directions and guidance, and raise any objections within the deadline specified in the order. It is poor practice to raise for the first time in the skeleton argument a point about evidence to be taken at a trial. Learning points for experts are: To continue reading you must be an EWI member, become a member and access exclusive content. Already a member? Login More links Link to the Judgment Share Print Tags 05. Rules and Regulations10. Report Writing11. Responding to questions15. Criticism and Complaints Related articles Is it within the remit of an expert to decide which witness of fact they believe or disbelieve? When the joint statement is no more than really two statements, one from each expert. The dangers of a considerable burden of expert work Preliminary (pre-report) experts’ meetings Solicitors Regulation Authority Ltd v Khan & Ors [2024] EWCA Civ 531 Switch article Director of Public Prosecutions v BB (Approved) [2024] IECA 155 Previous Article Haywood v Ritchie & Ors (t/a as H Ritchie & Sons) [2005] NIQB 42 Next Article Comments are only visible to subscribers.