sch.1-sec.7Permitted communications between experts and active parties [r 28A(1) to (3) and (6)]

sch.1-sec.7 Permitted communications between experts and active parties [r 28A(1) to (3) and (6)]

Any of the experts may, at any time, participate in a without prejudice conference or mediation under part 5 of these rules involving the active parties to the P&E Court proceeding. Also, any of the experts may, at any time before the joint report is completed, give 1 or more of the active parties to the P&E Court proceeding (each a recipient ) a written notice— asking the recipient to respond to a request for information or other inquiry that may assist the proper and timely conduct or conclusion of the meeting of experts or preparation of the joint report; or informing the recipient of any matter affecting the proper and timely conduct or conclusion of the meeting of experts or preparation of the joint report. informing the active parties of a delay in gathering data for use in the joint report However, a notice under subrule (2) may be given to an active party to the P&E Court proceeding only if— all of the experts agree to the giving of the notice or, if the experts do not agree, the notice states the basis of the disagreement between the experts; and a copy of the notice is given to all the experts and the other active parties at the same time as the notice is given to the active party. If an active party to the P&E Court proceeding (the requesting party ) requests a conduct report under rule 28A of these rules, the conduct report may be given to the requesting party only if— the conduct report is given not more than 2 business days after the request is received by the experts; and all of the experts agree to the giving of the conduct report or, if the experts do not agree, the conduct report states the basis of the disagreement between the experts; and the conduct report is in writing; and a copy of the conduct report is given to all the other active parties at the same time as the conduct report is given to the requesting party. (sch.1-sec.7-ssec.1) Any of the experts may, at any time, participate in a without prejudice conference or mediation under part 5 of these rules involving the active parties to the P&E Court proceeding. (sch.1-sec.7-ssec.2) Also, any of the experts may, at any time before the joint report is completed, give 1 or more of the active parties to the P&E Court proceeding (each a recipient ) a written notice— asking the recipient to respond to a request for information or other inquiry that may assist the proper and timely conduct or conclusion of the meeting of experts or preparation of the joint report; or informing the recipient of any matter affecting the proper and timely conduct or conclusion of the meeting of experts or preparation of the joint report. informing the active parties of a delay in gathering data for use in the joint report (sch.1-sec.7-ssec.3) However, a notice under subrule (2) may be given to an active party to the P&E Court proceeding only if— all of the experts agree to the giving of the notice or, if the experts do not agree, the notice states the basis of the disagreement between the experts; and a copy of the notice is given to all the experts and the other active parties at the same time as the notice is given to the active party. (sch.1-sec.7-ssec.4) If an active party to the P&E Court proceeding (the requesting party ) requests a conduct report under rule 28A of these rules, the conduct report may be given to the requesting party only if— the conduct report is given not more than 2 business days after the request is received by the experts; and all of the experts agree to the giving of the conduct report or, if the experts do not agree, the conduct report states the basis of the disagreement between the experts; and the conduct report is in writing; and a copy of the conduct report is given to all the other active parties at the same time as the conduct report is given to the requesting party.