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There are two sides to the fixed (recoverable) costs issue: the claimant's and the defendant's.

I recently served as the Expert Witness appointed on behalf the Defendant. My first report explained why a calculation made by the Claimant's Expert was flawed - so they wrote a new report with a new calculation. My second report explained why this calculation was also flawed and set-out an approach which I felt we could agree. They rejected this approach and would not enter into meaningful discussions in the Expert's meeting (probably because it would have resulted in a nil-value claim!!).
Their third report sought to fudge the issue but forced me to write a third report to point out their fudge to the judge.
The judge found in favour of the Defendant.

So who should bear the costs of my reports?

I have no great issue with a limit on the costs that can be recovered by the Claimant because they have far greater control on their costs. But if the Defendant wins why should they not be able to recover all of their costs if those costs have been caused by the Claimant's actions?

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