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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

Switalskis—Naila Arif, Harriet Findlay & Ellie Thompson

Switalskis—Naila Arif, Harriet Findlay & Ellie Thompson

Firm awards training contracts to paralegals through internal programme

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Private client disputes specialist joins commercial litigation team

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Thomson Hayton Winkley—Nina Hood

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NEWS
Freezing orders in divorce proceedings can unexpectedly ensnare third parties and disrupt businesses. In NLJ this week, Lucy James of Trowers & Hamlins explains how these orders—dubbed a ‘nuclear weapon’—preserve assets but can extend far beyond spouses to companies and business partners 
A Court of Appeal ruling has clarified that ‘rent’ must be monetary—excluding tenants paid in labour from statutory protection. In this week's NLJ, James Naylor explains Garraway v Phillips, where a tenant worked two days a week instead of paying rent
Three men wrongly imprisoned for a combined 77 years have been released—yet received ‘not a penny’ in compensation, exposing deep flaws in the justice system. Writing in NLJ this week, Dr Jon Robins reports on Justin Plummer, Oliver Campbell and Peter Sullivan, whose convictions collapsed amid discredited forensics, ‘oppressive’ police interviews and unreliable ‘cell confessions’
A quiet month for employment cases still delivers key legal clarifications. In his latest Employment Law Brief for NLJ, Ian Smith reports that whistleblowing protection remains intact even where disclosures are partly self-serving, provided the worker reasonably believes they serve the ‘public interest’ 
Family law must shift from conflict-driven litigation to child-centred problem-solving, according to a major new report. Writing in NLJ this week, Caroline Bowden of Anthony Gold outlines findings showing overwhelming support for reform, with 92% agreeing lawyers owe duties to children as well as clients
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