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19 June 2024 / Mark Solon
Issue: 8076 / Categories: Features , Expert Witness , International , Profession
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Checking in expert witnesses

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Mark Solon provides a handy checklist on how to direct experts instructed in overseas cases

Often a foreign lawyer will want to instruct an English or Welsh expert witness to give evidence in matters in their jurisdiction. The lawyer will ask a lawyer in England and Wales to act as agent or ask their office in England and Wales to find and instruct an expert. Several questions arise from such a request—perhaps the most important element being what jurisdiction applies to the matter in question.

The expert may well be familiar with their own court system, but not with that of the foreign jurisdiction. An expert witness needs two skillsets: first, as a professional in their specialist area with the relevant knowledge, experience, and qualifications appropriate to the issues in dispute; and second, the skills to be an expert witness in the foreign jurisdiction. This second skillset requires them to know the appropriate methodology with which to conduct an investigation in a court-compliant way, and know how to construct a court-compliant

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MOVERS & SHAKERS

Arc Pensions Law—Matthew Swynnerton

Arc Pensions Law—Matthew Swynnerton

Chair of the Association of Pension Lawyers joins as partner

Ampa Group—Kamal Chauhan

Ampa Group—Kamal Chauhan

Group names Shakespeare Martineau partner head of Sheffield office

Blake Morgan—four promotions

Blake Morgan—four promotions

Four legal directors promoted to partner across UK offices

NEWS

The abolition of assured shorthold tenancies and section 21 evictions marks the beginning of a ‘brave new world’ for England’s rental sector, writes Daniel Bacon of Seddons GSC

Stephen Gold’s latest Civil Way column rounds up a flurry of procedural and regulatory changes reshaping housing, alternative dispute resolution (ADR) and personal injury litigation
Patients are being systematically failed by an NHS complaints regime that is opaque, poorly enforced and often stacked against them, argues Charles Davey of The Barrister Group
A wealthy Russian divorce battle has produced a sharp warning about trying to challenge foreign nuptial agreements in the wrong English court. Writing in NLJ this week, Vanessa Friend and Robert Jackson of Hodge Jones & Allen examine Timokhin v Timokhina, where the High Court enforced Russian judgments arising from a prenuptial agreement despite arguments based on the landmark Radmacher decision
An obscure Victorian tort may be heading for an unexpected revival after a significant Privy Council ruling that could reshape liability for dangerous escapes, according to Richard Buckley, barrister and emeritus professor of law at the University of Reading
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