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24 February 2017 / Dr Chris Pamplin
Issue: 7735 / Categories: Features , Expert Witness , Brexit , EU , Profession
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The Brexpert witness

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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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MOVERS & SHAKERS

mfg Solicitors—Hayley Pearce & Lauren Williams

mfg Solicitors—Hayley Pearce & Lauren Williams

Law firm mfg Solicitors announces promotions at Ludlow office

Womble Bond Dickinson—Richard Sharpe

Womble Bond Dickinson—Richard Sharpe

Womble Bond Dickinson appoints partner in Leeds residential team

Brabners—six promotions

Brabners—six promotions

Brabners adds six to partnership in record year for partner promotions

NEWS
Calls to raise the age of criminal responsibility from 10 to 14 have been renewed, with the Bar Council arguing the current threshold criminalises children too early and risks pushing them towards lifelong offending
The legal profession's AI challenge extends far beyond fabricated case citations, according to a warning about the next phase of technological risk
Law firms should use the transition period before the Financial Conduct Authority (FCA) assumes anti-money laundering (AML) supervision to strengthen governance and compliance, experts have warned
Cross-border disputes increasingly demand creative approaches to gathering evidence, with litigators needing to look beyond traditional letters of request
A Court of Appeal ruling has clarified the distinction between contracts of 'indefinite' and 'perpetual' duration, with potentially significant implications for commercial drafting
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