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A civil report in the dock

12 August 2016 / Dr Chris Pamplin
Issue: 7711 / Categories: Features , Expert Witness , Profession
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Chris Pamplin looks at the issues that can arise when a report written in contemplation of civil proceedings gets drawn into criminal proceedings

Is an expert witness obliged to hand over to the Crown Prosecution Service (CPS) a report he had prepared for use in earlier civil proceedings? This was the question raised by an expert witness listed in the UK Register of Expert Witnesses recently. This article not only touches on the status of the report itself, but also on issues about the direct application of the contents of the civil report to the matters at issue in any criminal proceedings, and whether the expert was entitled to qualify some of the points contained in the original report.

Who owns the report?

It is usual for an expert report to belong to the party who paid for it, a position controlled by the expert’s contract. In the majority of cases this will be the original instructing solicitor, or his client. But, regardless of who holds the copyright, the report’s

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Human rights lawyers, social justice champion, co-founder of the law firm Bindmans, and NLJ columnist Sir Geoffrey Bindman KC has died at the age of 92 years
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
Writing in NLJ this week, Jonathan Fisher KC of Red Lion Chambers argues that the ‘failure to prevent’ model of corporate criminal responsibility—covering bribery, tax evasion, and fraud—should be embraced, not resisted
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
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