http://www.mondaq.com/article.asp?articleid=37696&email_access=on
Michelle Radon
"The Civil Justice Council has published a 'protocol' for expert witnesses which expressly aims to consolidate the guidance previously given to expert witnesses when interpreting the Civil Procedure Rules and their associated Practice Directions. The protocol came into force in England and Wales on September 5, 2005. Clarification was necessary because, prior to the protocol, there were two codes of practice (issued by the ExpertWitness Institute and the Academy of Experts). The protocol applies to all experts who are or have been instructed to give or prepare evidence for the purpose of civil proceedings in a court in England and Wales. It takes as its starting point the overriding objective to avoid litigation in general and to manage efficiently proceedings where litigation cannot be avoided. In a 2004 decision, the court demonstrated its willingness to impose an order covering the parties' wasted costs where an expert's evidence caused significant extra expense to be incurred and did so 'in flagrant and reckless disregard of his duties to the court.'"[Free sign-up Required]
