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Expert Determination

John Priestley Associates  acts as both Single Joint Expert and as expert in in Expert Determination

Single joint expert

The Civil Procedure Rules stress the desirability, particularly in smaller claims, for the parties to agree on and appoint a single expert rather than each party appointing its own. The aim is to reduce cost and increase the efficiency of expert testimony.

A Single Joint Expert (SJE) is an expert instructed to prepare a report for the Court on behalf of two or more of the parties (including the claimant) to the proceedings.

Just like a Party Appointed Expert, the SJE’s duty is to help the court on matters within their expertise and this overrides any obligation to the person from whom the expert has received instructions or by whom he is paid. SJEs should maintain independence, impartiality and transparency at all.

Expert determination

Expert Determination is a confidential and binding dispute resolution process in which an independent expert in the subject matter of the dispute, is appointed by the parties to resolve the matter. The expert's decision is - by prior agreement of the parties - legally binding on the parties. Occasionally, the expert’s decision is not binding, but advisory. This is known as Expert Evaluation. Although not binding the evaluation does often form the basis of a settlement.

Expert Determination is ideally suited to disputes and matters of valuation and/or which are primarily dependent on technical issues such as contract performance matters.

Because of its flexibility, Expert Determination is ideally suited to multi-party disputes.

John Priestley Associates are sought out for appointment for Expert Determination and support this means of ADR