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12 September 2014
Issue: 7621 / Categories: Features , Civil way , Procedure & practice
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Civil way: 12 September 2014

No cracking & hot-tubbing; intestacy law & Inheritance Act reforms & a lowdown on the update

“CALM DOWN DEAR”

New guidance on the instruction of experts in civil cases has just been published by the Civil Justice Council and then republished in revised form. However, do not panic because it will not come formally into force until this autumn when it will replace the protocol on experts which currently forms part of CPR PD35.

The guidance, like PD35, usefully points out that while permission from the court to rely on an expert or call them to give oral evidence is required, an expert can generally be instructed by a party without any permission. Nevertheless, many practitioners habitually go after court permission to instruct. And as to what is actually new:

  • a section on sequential exchange of reports suggesting that in this situation the defendant’s report should usually be produced in response to the claimant’s report;
  • where a solicitor sends additional documents to an expert before finalising of their report, the expert is to be told
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MOVERS & SHAKERS

NLJ Career Profile: Nikki Bowker, Devonshires

NLJ Career Profile: Nikki Bowker, Devonshires

Nikki Bowker, head of litigation and dispute resolution at Devonshires, on career resilience, diversity in law and channelling Elle Woods when the pressure is on

Ellisons—Sarah Osborne

Ellisons—Sarah Osborne

Leasehold enfranchisement specialist joins residential property team

DWF—Chris Air

DWF—Chris Air

Firm strengthens commercial team in Manchester with partner appointment

NEWS
The High Court’s refusal to recognise a prolific sperm donor as a child’s legal parent has highlighted the risks of informal conception arrangements, according to Liam Hurren, associate at Kingsley Napley, in NLJ this week
The Court of Appeal’s decision in Mazur may have settled questions around litigation supervision, but the profession should not simply ‘move on’, argues Jennifer Coupland, CEO of CILEX, in this week's NLJ
A simple phrase like ‘subject to references’ may not protect employers as much as they think. Writing in NLJ this week, Ian Smith, barrister and emeritus professor of employment law at UEA, analyses recent employment cases showing how conditional job offers can still create binding contracts

An engagement ring may symbolise romance, but the courts remain decidedly practical about who keeps it after a split, writes Mark Pawlowski, barrister and professor emeritus of property law at the University of Greenwich, in this week's NLJ

Medical reporting organisation fees have become ‘the final battleground’ in modern costs litigation, says Kris Kilsby, costs lawyer at Peak Costs and council member of the Association of Costs Lawyers, in this week's NLJ
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