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Litigation Letter

‘No Win, No Fee’ Expert Witnesses

The Bond Solon Expert Witness Survey 2001 showed that the overwhelming majority of experts consulted believed that experts should not be allowed to work a ‘no win, no fee’ basis, and that only 19% had ever worked on such a basis. Although 80% believed that it was possible for an expert to be a ‘truly independent witness’, less than 40% believed that lawyers encouraged them to be truly independent. Despite fears that the Civil Procedure Rules in general, and the introduction of a Single Joint Expert in particular, would significantly reduce the requirement for expert witnesses, the majority said that there had actually been an increase in the number of times they were being instructed.

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