Meeting of experts and joint report [r 28]
6 Meeting of experts and joint report [r 28]
The experts attending a meeting of experts must jointly prepare a report in relation to the meeting (a joint report) that states—
the matters, if any, on which the experts agree; and
the matters, if any, on which the experts disagree and the reasons for any disagreement.
In holding the meeting of experts, and preparing the joint report, the experts—
must exercise independent judgement; and
must endeavour to reach an agreement on any matter on which they disagree; and
must not act on any instruction or request to withhold or avoid reaching an agreement.
Unless the P&E Court orders or directs otherwise, the experts must—
hold the meeting of experts in the absence of the active parties to the P&E Court proceeding; and
prepare the joint report without reference to, or instructions from, the active parties to the P&E Court proceeding.
Note—
Rule 24 of these rules provides that, in part 3 of these rules, a reference to an active party to a P&E Court proceeding includes a reference to the active party’s lawyer or agent.
The joint report must confirm that—
each of the experts has read, and agrees to be bound by, the code of conduct; and
the factual matters stated in the report are, as far as each of the experts knows, true; and
each of the experts has made all inquiries considered appropriate; and
the opinions stated in the report are genuinely held by each of the experts; and
the report contains reference to all matters each of the experts considers significant; and
each of the experts understands the expert’s duty to the P&E Court and has complied with the duty.
The experts must give the joint report to the active parties to the P&E Court proceeding as soon as practicable after the meeting of experts has concluded and, in any case, as ordered or directed by the P&E Court.
This rule is subject to rule 7.
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