Rule 31.36 UCPR 20005, states that at the commencement of professional negligence proceedings (excluding a claim against a legal practitioner), an expert report must be filed with the Statement of Claim, unless the Court orders otherwise. If this is not complied with the Court may dismiss, the whole or part of the proceedings, either on application by one party or the Courts own motion. More than one expert may be required by a party in the proceedings to give evidence on a particular issue or issues, but the number of experts will be limited (Practice Note No. SC CL 7). Therefore, as PI or med neg lawyers we are required to speak with, brief and conference with experts as part of managing, supporting and progressing our cases. How do we get the best out of experts? Here are 9 simple tips..... … [Read more...]
