64Role and functions of SCM

#### 64 Role and functions of SCM 64 Role and functions of SCM > > (1) The role of the SCM is to manage and negotiate and seek to resolve the plaintiff’s claim on behalf of all of the defendants and for that purpose the SCM has and may exercise on behalf of each defendant all the functions of a defendant. > > > > Note. > > > > The SCM’s role includes the selection of expert evidence on behalf of all the defendants but this does not prevent a defendant from obtaining their own expert reports. > > > (2) Anything done or omitted to be done by the SCM in purported exercise of the functions of the SCM is taken to have been done or omitted to be done by the relevant defendant or defendants. > > > (3) A defendant who is the SCM for a claim is entitled to perform the role of the SCM in accordance with the defendant’s usual arrangements for managing claims (which can include managing the claim themselves or an arrangement whereby particular kinds of claim are managed on behalf of the defendant by an insurer). > > > (4) Each defendant is taken to authorise the SCM to settle the matter with the plaintiff, both informally and at any formal mediation. > > > (5) A defendant may impose a monetary limit on the authority of the SCM to settle a claim on behalf of the defendant but must act reasonably in imposing that limit. > > > (6) The imposition of a monetary limit on the authority of the SCM to settle a claim on behalf of a defendant is, for the purposes of the mediation of the claim, an aspect of participation in mediation, and the power of a mediator to issue a certificate to the effect that in the mediator’s opinion a defendant did not participate in good faith in the mediation extends to this aspect of the defendant’s participation in mediation. > > > (7) If a claim that is the subject of mediation is not settled before mediation is required to be completed, each defendant is taken to authorise the SCM to agree on its behalf on which issues are in dispute between the parties and on the facts that are relevant to those issues, unless in the case of any particular defendant the defendant has notified the SCM that the SCM is not authorised to do this on behalf of the defendant.