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15 December 2017 / Mark Solon
Issue: 7774 / Categories: Features , Expert Witness , Profession
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2017: less reasons to be cheerful?

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Fee reductions, the rise in litigants in person & the tight timetables mean expert witnesses are not happy as Mark Solon explains

Expert witnesses play a major part in the legal system providing guidance and expressing independent professional opinions to help judges and juries understand technical issues such as the cause of an injury or the value of a company. The survey shows experts are not happy, particularly because of reduced fees, the rise in litigants in person and the tight timetables.

Legal aid cuts

The have been many cuts to the legal aid budget in the last few years and these have impacted experts. The Legal Aid, Sentencing and Punishment of Offenders Act 2012 (LAPSO) has removed more than £350m from the civil legal aid budget .

Over a third of experts who could work in legal aid cases would now refuse to do so. Experts are not obliged to accept legal aid cases and expert work is for most a secondary source of income. If the fees are too

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NEWS
The Law Society RFC Festival of Sport returns next month, bringing together legal and financial services professionals for one of the sector’s largest annual sporting events
Legal aid deserts leave almost one in four without adequate access to justice
The Solicitors Regulation Authority (SRA) has warned solicitors and law firms that using artificial intelligence does not alter their professional obligations, amid concerns over inaccurate legal material and client confidentiality
From forgotten interest claims to case-management appeals, a string of procedural developments offers useful—and occasionally cautionary—lessons for practitioners

Jonathan Fisher KC highlights that it now accounts for around 40% of criminal offences, with roughly 70% involving technology, and argues that the UK cannot simply prosecute its way out of the problem. Detection, investigation and prosecution all require improvement, while different fraud types demand tailored responses.

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