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03 June 2016 / Mark Solon
Issue: 7701 / Categories: Features , Expert Witness , Profession
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Banking on experts

Donna Goldsworthy & Andrew Kasapis consider the role of an expert in commercial litigation & banking case

Some cases are won or lost on the strength of expert evidence. Under the Civil Procedure Rules (CPR) Pt 35.1, the courts now have a duty to restrict expert evidence to “that which is reasonably required to resolve the proceedings”. The court has to make a judgment on how cogent the expert evidence will be; how helpful it will be in resolving issues and how much it will cost and the relativity of the sums at stake. Guidance for the Instruction of Experts in Civil Claims, published by the Civil Justice Council also focuses on costs and proportionality. The court’s permission is required to call oral expert evidence.

Some litigators find it helpful to consult a “behind the scenes” expert at an early stage of a case, particularly when a matter is complex. An expert adviser can assist through clarification and explanation of technical and commercial issues, and in other areas such as scoping for disclosure. Clients

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MOVERS & SHAKERS

Walkers—Muriel Marseille

Walkers—Muriel Marseille

Ashurst's Chief Risk Officer joins Walkers

Excello Law—John Osborne

Excello Law—John Osborne

Northern family lawyer John Osborne joins Excello

mfg Solicitors—Rebecca Rogers, Kennedy Langley & Victoria Griffiths

mfg Solicitors—Rebecca Rogers, Kennedy Langley & Victoria Griffiths

Trio of promotions announced at Kidderminster law firm mfg Solicitors

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The Financial Conduct Authority (FCA) continues to show that failing to disclose regulatory issues can attract harsher consequences than the original misconduct itself
Rejecting a generous settlement can prove an expensive mistake, as two recent high-profile cases demonstrate
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