Single Joint Expert in Business Valuation: A Solicitor's Guide

A Single Joint Expert (SJE) is one expert instructed jointly by both parties - or appointed by the court - to provide a single valuation report shared by all parties. In business valuation disputes, SJEs are used in civil proceedings under CPR 35.7 and family proceedings under FPR 25.11.

The SJE owes duties to both parties and the court. Costs are typically shared equally unless the court orders otherwise.

Courts favour SJEs where expert costs would be disproportionate, issues are narrow, or parties agree on joint instruction. Case management directions may specify the expert's identity or require parties to agree a shortlist.

High-value shareholder disputes and complex M&A litigation more often feature party-appointed experts with joint meetings - but SJE remains available where appropriate.

Both parties should agree a joint letter of instruction defining scope, valuation date, documents, questions, timetable, and fee arrangements. Disputes over instruction should be referred to the court promptly - experts should not proceed on conflicting instructions.

Parties may put written questions to the SJE after the report. The SJE is not an advocate for either side - if the report is unfavourable, challenge through cross-examination or criticism of methodology, not improper pressure on the expert.

Compare SJE versus party-appointed experts on cost, control, and adversarial testing when deciding instruction strategy at the outset of litigation.