8. Protocol for Commissioning Expert Reports
As a general rule, a leave of the Court or consent of the parties involved is required before any expert evidence can be presented at a trial.
If you obtain expert evidence, other than from a single joint expert or pursuant to joint examination and joint expert report with the expert(s) of the other party, before the court agrees for you to do it, you do so at your own risk regarding costs and / or eventual refusal of leave to present such expert evidence.
A party who unreasonably fails to cooperate in instructing or arranging a joint examination of the injured person, and / or in instructing or preparing a joint expert report, will risk sanctions being imposed on that party by the Court as it deems fit. These sanctions may include refusal of leave by the Court to present an expert report prepared singly by such party's own medical expert and / or refusal by the Court to allow costs for obtaining such report.
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