header-logo header-logo

24 February 2017 / Dr Chris Pamplin
Issue: 7735 / Categories: Features , Expert Witness , Brexit , EU , Profession
printer mail-detail

The Brexpert witness

nlj_7735_pamplin

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

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

NLJ Career Profile: Ken Fowlie, Stowe Family Law

NLJ Career Profile: Ken Fowlie, Stowe Family Law

Ken Fowlie, chairman of Stowe Family Law, reflects on more than 30 years in legal services after ‘falling into law’

Gardner Leader—Michelle Morgan & Catherine Morris

Gardner Leader—Michelle Morgan & Catherine Morris

Regional law firm expands employment team with partner and senior associate hires

Freeths—Carly Harwood & Tom Newton

Freeths—Carly Harwood & Tom Newton

Nottinghamtrusts, estates and tax team welcomes two senior associates

NEWS
Children can claim for ‘lost years’ damages in personal injury cases, the Supreme Court has held in a landmark judgment
The cab-rank rule remains a bulwark of the rule of law, yet lawyers are increasingly judged by their clients’ causes. Writing in NLJ this week, Ian McDougall, president of the LexisNexis Rule of Law Foundation, warns that conflating representation with endorsement is a ‘clear and present danger’
Holiday lets may promise easy returns, but restrictive covenants can swiftly scupper plans. Writing in NLJ this week, Andrew Francis of Serle Court recounts how covenants limiting use to a ‘private dwelling house’ or ‘private residence’ have repeatedly defeated short-term letting schemes
Artificial intelligence (AI) is already embedded in the civil courts, but regulation lags behind practice. Writing in NLJ this week, Ben Roe of Baker McKenzie charts a landscape where AI assists with transcription, case management and document handling, yet raises acute concerns over evidence, advocacy and even judgment-writing
The Supreme Court has drawn a firm line under branding creativity in regulated markets. In Dairy UK Ltd v Oatly AB, it ruled that Oatly’s ‘post-milk generation’ trade mark unlawfully deployed a protected dairy designation. In NLJ this week, Asima Rana of DWF explains that the court prioritised ‘regulatory clarity over creative branding choices’, holding that ‘designation’ extends beyond product names to marketing slogans
back-to-top-scroll