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The Brexpert witness

24 February 2017 / Dr Chris Pamplin
Issue: 7735 / Categories: Features , Expert Witness , Brexit , EU , Profession
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Chris Pamplin takes a broad view of the possible implications for expert witnesses of Britain’s exit from the EU

  • What approach will be taken in relation to the taking of evidence, including expert evidence, in cross-border litigation?

  • EU legislation such as the EU Taking of Evidence Regulation has simplified and assisted procedures.

  • Steps will be required to ensure that clauses giving exclusive jurisdiction to English courts continue to be effective.

Over the many years of Britain’s EU membership there have been numerous EU Directives, regulations and conventions, all of which have impacted on cross-border litigation in member states, eg the recognition and enforcement of judgments across borders, the determination of jurisdiction, the obtaining and taking of evidence, the investigation of civil and criminal cases and the availability of sanctions.

Alongside these wider issues there are also regulations in place governing such matters as legal assistance, money laundering, legal professional privilege and the European Arrest Warrant. New provisions must be put in place to cover all of these, but

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Partner and associate join employment practice

NEWS
The government’s plan to introduce a Single Professional Services Supervisor could erode vital legal-sector expertise, warns Mark Evans, president of the Law Society of England and Wales, in NLJ this week
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Professor Graham Zellick KC argues in NLJ this week that, despite Buckingham Palace’s statement stripping Andrew Mountbatten Windsor of his styles, titles and honours, he remains legally a duke
Writing in NLJ this week, Sophie Ashcroft and Miranda Joseph of Stevens & Bolton dissect the Privy Council’s landmark ruling in Jardine Strategic Ltd v Oasis Investments II Master Fund Ltd (No 2), which abolishes the long-standing 'shareholder rule'
In NLJ this week, Sailesh Mehta and Theo Burges of Red Lion Chambers examine the government’s first-ever 'Afghan leak' super-injunction—used to block reporting of data exposing Afghans who aided UK forces and over 100 British officials. Unlike celebrity privacy cases, this injunction centred on national security. Its use, the authors argue, signals the rise of a vast new body of national security law spanning civil, criminal, and media domains
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