An Apex Perspective on Joint Expert Meetings (JEMs)

How we see them, why they matter, and how to get the most from them in clinical negligence cases.

At Apex Experts, we know that in clinical negligence litigation, expert evidence can be the make-or-break factor in a case. And when both sides have their own expert in the same discipline, one of the most pivotal, and sometimes underestimated, stages is the Joint Expert Meeting (JEM).

Handled well, it’s an opportunity to sharpen the focus of the case, reduce costs, and even pave the way for settlement. Handled badly, it can cause strategic damage before you’ve even reached trial.

Here’s our view, based on years of guiding experts and supporting solicitors through the process.

What Exactly Is a Joint Expert Meeting (JEM)?

In simple terms, it’s a meeting between experts instructed by opposing sides, required under CPR Part 35 and its Practice Direction. It’s designed to:

• Identify points of agreement

• Narrow down the points of disagreement

• Clarify the reasons behind any ongoing dispute

For us, the key takeaway is this: a JEM is not about winning an argument in the room. It’s about producing a joint statement that serves the court by focusing only on the issues that truly matter.

When Do They Happen?

From our experience, JEMs are usually scheduled:

• After expert reports have been exchanged and sometimes after written Part 35 questions have been answered.

• As part of the court’s directions, often before a case management conference or pre-trial review.

In complex clinical negligence claims, there can be multiple JEMs for different disciplines - for example, one for breach of duty in obstetrics, another for causation in neonatology, and another for long-term prognosis in rehabilitation medicine.

Who’s in the Room?

One of the most important realities - and something we always emphasise to our panel - is that JEMs are for the experts only. Solicitors, counsel, and clients do not attend (unless the court expressly orders otherwise).

That means your influence as a solicitor is indirect, but powerful: it’s in how you prepare your expert before the meeting takes place.

Why JEMs Matter — Our Key Observations

Over the years, we’ve seen JEMs shape cases in surprising ways. Here’s what we’ve learned:

1. They’re a Strategic Filter

By removing areas of consensus from the battlefield, you reduce trial length, focus witness evidence, and help the judge zero in on the real disputes.

2. They Can Trigger Settlement

When experts find unexpected common ground, it often opens the door to early negotiation. This can save months of litigation time and significant costs.

3. They Can Strengthen or Weaken a Case Overnight

We’ve seen cases where an expert concedes a key point in a JEM, shifting the balance entirely. That’s why robust preparation and review are vital.

4. They Refine the Narrative

In clinical negligence, causation and breach can be intertwined and complex. JEMs can separate them into manageable, discrete issues.

Apex’s Advice for Solicitors Preparing for a JEM

Based on our experience, here’s how we believe solicitors can best position their experts:

• Start preparation early - don’t leave it until days before the meeting.

• Review the report for clarity and consistency - any contradictions will be exposed in the JEM.

• Agree a clear agenda with the other side, or via the court, to avoid drifting into irrelevant issues.

• Remind your expert of their duty to the court - independence and impartiality are non-negotiable.

• Plan for a debrief - so any changes in position are understood and factored into strategy.

Our Final Word on JEMs

At Apex Experts, we don’t see Joint Expert Meetings as just another procedural step. We see them as a critical opportunity to clarify, strengthen, and streamline a case. When approached with the right preparation, they’re a tool for efficiency and strategic advantage.

If you’re handling a clinical negligence case and need CPR Part 35-compliant expert evidence — or you want the confidence that your expert will be well-prepared for a JEM — our nationwide panel is here to support you from first instruction to final statement.