A recent High Court decision illustrates the need for parties to cooperate in the process of producing expert evidence, to ensure the reports are properly matched and avoid the problem of "ships passing in the night": UPL Europe v Agchemaccess Chemicals [2016] EWHC 2889 (Ch).
In this case, the court ordered the parties to meet to try to agree the scope of and methodology for producing expert evidence and the preparation of a joint statement. In addition, in light of the defendants' previous failures to engage in correspondence regarding expert evidence, the defendants were ordered to pay the costs of the application.
For more information please see our Construction e-bulletin on the decision.
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