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A Code and a Declaration for Expert Witnesses, approved by the court as envisaged in the
preceding Recommendation, should be adopted after consultation with interested parties
initiated on the basis of a draft code adapted from the Academy of Experts' codes set out in
Appendix 3 to this Final Report.
Proposal
39(d) (for requiring expert reports prepared for use by the court to state the
substance of the instructions forming the basis of such reports, abrogating legal professional
privilege to the extent necessary for this purpose) should not be adopted.
Proposal
39(e) (for permitting experts independently to approach the court for directions)
should not be adopted.
Proposal 40
That a procedure be adopted permitting the court to direct the parties to cause single joint
experts to be engaged at the expense of the parties and that appropriate rules be adopted to
govern the rights, duties and functions of such single joint experts.
The court should be given power to order the parties to appoint a single joint expert upon
application by at least one of the parties, subject to the court being satisfied, having taken
into account certain specified matters, that the other party's refusal to agree to a SJE is
unreasonable in the circumstances.
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