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When the joint statement is no more than really two statements, one from each expert.
Keith Rix 322

When the joint statement is no more than really two statements, one from each expert.

byKeith Rix

 
Commentary

Several times I took part in experts’ meetings or discussions for which I drafted, before the meeting or discussion, the joint statement but, instead of engaging in a discussion of the issues, the adverse party’s experts said that they would come back to me with their text to insert in the draft joint statements.  

Learning points:
  • An experts’ meeting or discussion requires real engagement on the outstanding issues.

  • Two statements, one from each expert, are not a joint statement.

  • Waiting to concede in oral testimony points that could have been agreed in the experts’ discussion or meeting is not in the interests of justice.

  • Ask yourself if your methodology has a principled basis.

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