The Gazette 1996

GAZETTE

MARCH 1996

Scott Schedule is a very useful device for clarifying a case and making it manageable. Usually, the judge orders that each party give discovery by lists to the other party by a specified date and an inspection may take place on three days notice by one party to another. Three days is considered an adequate period for making arrangements usually by telephone. In virtually all cases before the particular court, expert evidence is required to assist the judge in understanding technical facts and in providing opinions as to matters on which he bases his judgement. Experts in this context, include the parties and their employees if they are to give opinion evidence as well as independent experts. The judge will normally give leave for experts Control of Experts

gown of distinction. She was an official of the court and informed the writer that the judge assigned to the case (who would deal with the case personally until its conclusion) was computer literate and was likely to appear in court with his lap-top computer. Other basic matters as to bowing and where one should sit were then ascertained. The judge appeared in court at 10.00 a.m. precisely and, after the bowing courtesies, immediately stated he had read all the papers and did not wish lawyers for either party to address the Court. The judge immediately questioned the parties on various aspects of the pleadings. "How were the sums claimed by the respective parties arrived at?" "Why do you need experts on this issue?" "Why incur expense that is not necessary?". Such questions demanded very specific answers. The judge used a common form of directions which covered the most common scenarios which he ticked or struck out, or added to, as appropriate. This form was later to be the basis of the formal Order for Directions. The judge directed the plaintiff to prepare and serve, and the defendant to "comment" on, a schedule known as a Scott Schedule, named after its inventor Judge George Scott (Judge 1920-1933) that is widely used in courts and arbitrations in common law countries but is not mentioned in the Rules of the Supreme Court. The Scott Schedule must set out details under column headings such as "Defects Alleged", "Costs of Remedying" to be completed by the under headings of "Comments on Alleged Defects" and "Alternative Cost of Remedying". The schedule must be completed within a stipulated time. The Scott Schedule forms part of the pleadings in the case but cannot be used to introduce new causes of action or to advance legal contentions. Each plaintiff, and comments to be completed by the defendant

subject permits and should be capable of being understood by an educated lay man and not simply by another 1 expert. It should give the writer's qualifications and experience, be set out in numbered paragraphs with subject headings, and illustrated by sketches and photographs as appropriate. Statements of Fact At the Summons for Directions stage, the judge considers whether the parties should be directed to serve on each other by a stated date, signed statements of witnesses of fact and whether they should serve as evidence-in-chief. In most cases, orders will be made for the exchange of statements and the date assigned for the hearing of the case will not be less than six weeks after the date of exchange. Almost invariably the judge directs that the statement of witnesses of fact stand as evidence-in-chief so

to be called but in order to save time and costs will limit their numbers.

as to save time. The statement should be in the witness' own words, it should contain all the evidence which counsel would

The judge normally orders that experts of like disciplines meet in advance of the court hearing, without prejudice, to endeavour to agree technical facts and to narrow issues.

seek to elicit if you were examining him in-chief by question and answer. The statement must not contain irrelevant evidence or inadmissible evidence. Numbered paragraphs are used to be signed by the witness and dated.

Miscellaneous Orders

The judge normally orders that experts of like disciplines meet on a without prejudice basis to endeavour

The judge has powers to make orders in relation to interim payment, inspection of property, preservation I of exhibits, notices being given to parties or other experts before remedial works are carried out so as to permit early inspection, joint excavations of a locus in quo, doing laboratory analyses of materials, and taking legal evidence ' on commission. Sometimes it may be

to agree technical facts and to narrow issues. This meeting is

attended only by the experts and it would be regarded as improper for any attempt to be made to restrict an expert's free participation in the meeting. The experts may prepare a joint statement indicating matters about which they are agreed and that which they are not agreed. The court has power to order that experts' reports be exchanged. In almost all cases, the date fixed for the exchange would be after the last date for the experts to meet. An expert's report is expected to be as short as the

necessary for a witness to be examined in advance of a trial; normally the judge will,

wherever possible, order that the examination takes place before : himself so that he may both see and hear the witness.

party must set out clearly the substance of their case; it is not

sufficient to make broad allegations or simply "to deny" or "not admit". The 56