From: Daphne Wassermann [D.Wassermann@cadogans.com]
Sent:
13 March 2008 13:55
To: Civil Courts Review
Cc: John
McCullough
Subject: Comment on Scottish Civil Courts Review - Expert
evidence
Dear Review
Team,
As engineering
experts with considerable experience in various jurisdictions including Scotland
and England we would like to comment on sections 6.56 and 6.57 of the
consultation paper.
In England and
Wales, party appointed experts are used on the larger and/or more complex cases.
The single joint expert (SJE) is used on smaller fast track
cases.
The SJE in England
and Wales is in an unenviable position, His/her duty is to the Court and his/her
fee is paid by both (all) parties to a dispute.
To be of assistance
to the Court, he/she not only has to explain both sides' arguments but also give
an indication of which is more probable, whilst not usurping the position of the
Judge.
Inevitably the SJE's
opinion will displease one of the parties to the dispute and that party will
have little incentive to settle its portion of the SJE's
fee.
Different experts
bring different experience to a dispute and may identify different issues that
are pertinent to the matter. 'Two heads are better than
one.'
In addition, experts
are only human. If an expert knows that his/her report will be scrutinised in
detail by an opposing expert, he or she may work a little harder to ensure that
all competing probabilities have been considered in sufficient detail. A more
thorough investigation may be carried out.
Yours
sincerely
John McCullough and
Daphne
Wassermann.
_____________________________________________________________________________________________
Consulting Engineers and
Scientists |
Daphne
Wassermann
Technical Director
Cadogans
24 Blythswood
Square
Glasgow, G2 4BG
(
Tel: +44 (0)141
270 7060
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Fax: +44 (0)141
270 7061
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Email:
d.wassermann@cadogans.com
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Web: www.cadogans.com
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