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19 April 2013 / Dr Chris Pamplin
Issue: 7556 / Categories: Features , Expert Witness , Profession
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The best fit

expertwitness

Chris Pamplin considers how easy it is to choose the right expert

In all cases involving expert evidence it is important to try to ensure that the expert selected has the necessary skills, qualifications and experience to provide a reasoned and valid opinion on the matters at issue. This may sound obvious and straightforward, and access to a resource like the UK Register of Expert Witnesses can help, but it is sometimes difficult to determine exactly what constitutes necessary skills, qualifications and experience and, in grey areas, what weight should be attached to the evidence of an expert whose experience does not match exactly the requirements of a particular case.

Patent difficulties

In DataCard Corporation v Eagle Technologies [2011] EWHC 244 (Pat), [2011] All ER (D) 199 (Feb) the High Court considered the differing qualifications of the expert witnesses involved and set out principles for weighing these qualifications.

The case revolved around the validity of patents related to different aspects of the printing of plastic cards, such as credit cards. DataCard

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Clyde & Co—Suriya Ashok

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Clyde Co strengthens energy transition and construction offering with hire of Suriya Ashok

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NEWS
The Supreme Court has settled a long-running dispute over part-time workers: unfavourable treatment need be a significant or effective cause, not the sole cause
Arbitration may be private, but its confidentiality is no impenetrable shield. Writing in NLJ this week, James Glaysher of Kingsley Napley examines when courts will permit arbitral material to surface in open litigation
The Financial Reporting Council’s revised Audit Enforcement Procedure will alter the balance of power in corporate investigations
A telecoms operator may be able to hold over under the Landlord and Tenant Act 1954, yet still be unable to secure a renewal: an outcome described as a legal ‘paradox’

Safety fears do not automatically justify shutting an interested person out of a statutory will application

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