Ronan Champion
September 2026
A paper based on presentation to a meeting of the SCL in London on 3 December 2024 and published in the SCL Journal: Summer 2026
This paper looks at the preparation of a joint statement by experts in High Court proceedings. The paper examines the tension between leaving experts to their own devices to produce the joint statement and lawyers having some input in its preparation. From the perspective of an expert the question raised is whether the guidance under the recent case law that construction lawyers keep away from the joint statement drafting process needs a rethink.
Introduction – The Guidance – New TCC Guide – Expert evidence in the construction context – The position of experts in the dispute process – Meetings of experts: a view from UK practice – The Joint Statement: How bad can it be? – A survey of experts' views – Question 1: The JS: why so long to produce it? – Question 2: In purdah or not? – Question 3: some welcome feedback? – Question 4: Same in mediation, adjudication or arbitration? – Discussion: the case for change – Conclusions
The author: Ronan Champion is a chartered quantity surveyor, expert witness and lecturer
Text: 16 pages