Asingle expert jointly instructed to assess capacity should not be replaced, but should instead provide an additional report to ensure fairness without increasing costs or delay, the Court of Protection has decided.

In DA (Whether to replace a Single Joint Expert), Re  His Honour Judge Burrows, sitting as a nominated judge of the Court of Protection, dismissed an application for the replacement of a jointly instructed expert with a new one or for permission for the respondents to the case to instruct their own. The case centres on the capacity of an 80-year-old man to conduct litigation, manage his property and affairs, revoke lasting powers of attorney, make a will, decide care arrangements and decide on contact.