Experts’ meeting does not contravene article 6

Hubbard and others v Lambeth Southward and Lewisham Health Authority and others (CA TLR 8 October)

The ordering of a pre-trial meeting of experts under CPR 35.12 did not give rise to any concern that this would contravene article 6 of the Human Rights Convention guaranteeing the right to a fair trial. The meeting offered an opportunity to identify and circumscribe the medical issues relevant to the trial. A ‘cards on the table’ approach was consistent with the overriding objective of the CPR. Any potential unfairness could be adequately cured by the fact that the courts power under rule 35.12 is discretionary Any concerns that in the absence of legal representation at the meeting the claimant’s expert might waver under pressure from professional peers, thereby resulting in unfairness with the claimant being ‘sold down the river’ by her own expert, could be answered by the meeting being recorded, as a result of which any misunderstanding or impropriety would appear on the transcript.