Diales Compendium Issue 3 - Flipbook - Page 19
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ISSUE 3
COMPENDIUM
1. In the context of this article the references to ‘court’
or ‘litigation’ are references to the courts of England and
Wales.
2. Jones v Kaney [2011] UKSC 13.
3.This is not the case in Scotland, for example.
4.For example, see Article 20 of the LCIA Arbitration Rules
2021, or Article 27 UNCITRAL Arbitration Rules to name but
a few.
5. The Ikarian Reefer [1994] 2 Lloyds Rep 68.
6.www.justice.gov.uk/courts/procedure-rules/civil/rules/
part35.
7.www.justice.gov.uk/courts/procedure-rules/civil/rules/
part35/pd_part35.
8.www.judiciary.uk/wp-content/uploads/2014/08/expertsguidance-cjc-aug-2014-amended-dec-8.pdf.
9.In arbitration proceedings these will differ between
memorials (submissions and witness/expert evidence filed
together) or pleadings (submissions filed in advance of
witness/expert evidence) and, arbitration proceedings differ
from court proceedings.
10. These will differ in the pre-action stages.
11. In some arbitration proceedings, the procedure may
be agreed by the parties, or as the tribunal determines
appropriate.
12. Ordinarily held on a ‘without prejudice’ basis, in that the
content of the discussions is not referred to unless agreed by
the parties.
13. James Bowling is a barrister at 4 Pump Court and former
editor of the ‘Cases’ for the TEDR.
14. See paragraphs 48 69 of the Civil Justice Council’s
Guidance for the instruction of experts in civil claims.
15. Disclosed to the tribunal and used in evidence.
16. Only disclosed to the parties and experts and not the
tribunal.
17. Confidential and not disclosed to the tribunal.
18. The expert’s role is not to settle the case.
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