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When a legal dispute involves the value of a business, shares, or financial loss, it’s common for the court to require independent expert evidence. And in many cases, this is provided by a Single Joint Expert (SJE) – one expert who is appointed jointly by both parties to give an impartial opinion.
They are there to help the court on matters within their expertise, and their overriding duty is to the court.
As Luke Morris, explains in this article – understanding what an SJE does and how the process works can help reduce uncertainty, control costs, and lead to a fairer and quicker outcome.
What is a Single Joint Expert?
A Single Joint Expert (SJE) is an independent professional appointed to assist the court by providing an objective opinion on a financial or technical issue in dispute.
They may be asked to value a business, assess shareholdings, consider tax outcomes, calculate loss of profits, or give an opinion on financial matters that are central to the case. Typical scenarios include divorce, shareholder disputes, post-transaction disputes around interpretation of legal documentation (such as Sale and Purchase Agreements), insurance claims, and professional negligence matters.
Importantly, the SJE is not instructed by one side or the other. They are jointly appointed by both parties. If the parties cannot agree then the court may select the expert from a list prepared by the parties, or otherwise direct how the expert is selected.
This independence is what gives their evidence weight and credibility.
Why an SJE is used
SJEs are used where two parties cannot agree on a financial value or technical issue and the court needs one clear, unbiased answer.
Rather than each side appointing its own expert and arguing over competing reports, a Single Joint Expert provides a single set of conclusions that both parties must engage with. This approach reduces costs, avoids duplication of work, and helps the court reach a decision more efficiently.
In many cases, the clarity provided by an SJE can also encourage earlier settlement.
When an SJE may be required
Single Joint Experts are commonly appointed in disputes involving business and financial interests, including:
- Divorce or separation where a business interest is a major asset
- Shareholder or partnership disputes
- Exit or buy-out disagreements
- Disagreements around transaction terms – such as earnouts or completion accounts – following a business sale
- Claims for loss of profits, such as an insurance matter
- Professional negligence cases involving financial losses
For example, where spouses cannot agree on the value of a family business, or where shareholders dispute what their shares are worth, the court may require a Single Joint Expert to provide an independent valuation.
Legal duties and independence
An SJE’s overriding duty is to the court.
Under the Civil Procedure Rules (CPR Part 35), a Single Joint Expert must act objectively, transparently and independently. They must not act as an advocate for either party, and they must disclose all relevant information and assumptions in their report.
In the family court context, the Family Procedure Rules (FPR Part 25) governs experts in (essentially mirroring CPR 35 but with its own framework).
All communications, evidence and responses must be shared equally with both parties, to make sure the process is fair and open.
How a Single Joint Expert is appointed
In most cases, the parties attempt to agree on who should be appointed as the Single Joint Expert. They will also agree on the instructions, setting out the issues the expert is being asked to address.
If the parties cannot agree, the court may select the expert and determine the scope of their instructions.
Choosing the right expert is critical. Experience in valuation, disputes and court procedures makes a significant difference to the quality and reliability of the final report.
Information and evidence
Once appointed, the SJE will request financial and business information from both parties. This may include:
- Accounts and management information
- Tax returns
- Forecasts and budgets
- Shareholder or partnership agreements
- Any other documents relevant to the valuation or claim
The representations of parties are treated cautiously but may be used where appropriately verified. The expert will review this material and determine the most appropriate approach to reach their conclusions.
The Single Joint Expert report
The SJE’s report sets out:
- The information considered
- The valuation or calculation methods used
- The assumptions made
- The expert’s conclusions
- Any alternative approaches considered and rejected
This report forms evidence and is part of the court’s records.
Questions and clarifications
After the report is issued, either party may then ask the Single Joint Expert formal written questions to clarify or challenge specific points. Unless the court directs otherwise, questions must generally be put within 28 days (Civil Procedure Rules) or 10 days (Family Procedure Rules) of the report, and the expert usually has a similar timeframe to reply.
The expert’s replies become part of the evidence in the case and help make sure that any uncertainties are properly addressed before the matter proceeds further.
Costs and timescales
The SJE’s fees are normally shared equally between the parties, unless the court orders otherwise.
Timescales depend on the complexity of the case and the quality of the information provided. Clear instructions, prompt cooperation and complete records all help keep the process efficient and cost-effective.
Benefits and next steps
Using a Single Joint Expert can make disputes quicker, more transparent and less adversarial.
A single, independent opinion often brings clarity to complex financial issues and can help parties reach a resolution without unnecessary conflict or expense.
If you are involved in a dispute where a business or financial interest is at stake, early advice on the SJE process can make a significant difference.
We’re here to help
Luke Morris in Scrutton Bland’s Corporate Finance team acts as Single Joint Experts in a wide range of disputes, including business valuations, transaction disputes, shareholder matters and loss of profits claims.
Find out more about our SJE service SJE service here:
Or, if you need further clarity on working with a Single Joint Expert, get in contact with one of the team by calling 0330 058 6559 or email hello@scruttonbland.co.uk
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