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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

EIP—Stuart Malcolm

EIP—Stuart Malcolm

EIP strengthens Commercial practice with a new partner

Ellisons—Francesca Brown

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Ellisons welcomes Francesca Brown to Family team

Shakespeare Martineau—Marie Bourke

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Shakespeare Martineau strengthens Sheffield regulatory practice with new hires

NEWS
A wide-ranging Civil Way column highlights developments from insolvency procedure to employment law, but one case stands out for its lessons on bankruptcy, family homes and digital communications
A sprawling Intellectual Property Office battle between House of Fraser and Frasers Property has delivered a masterclass in modern trade mark law
Courts in England and Wales and Singapore are increasingly confronting complex disputes over international child relocation as families become more globally mobile
The government’s long-awaited family law reform consultation could mark a turning point for domestic abuse victims navigating financial remedy proceedings, but significant challenges remain
A new commercial court pilot giving the public access to documents used in hearings, including expert reports, is raising difficult questions about transparency and privacy
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