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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

Bell Yard Kysen—Liz Giles

Bell Yard Kysen—Liz Giles

Bell Yard Kysen appoints senior legal PR and ex-government communications adviser, Liz Giles

Clarke Willmott—Lee Edwards

Clarke Willmott—Lee Edwards

Clarke Willmott boosts Southampton commercial property team with addition of partner Lee Edwards

Lime Solicitors—four promotions

Lime Solicitors—four promotions

Lime Solicitors announces four promotions

NEWS
The Attorney General, Ellie Reeves KC MP, and Solicitor General, Andy Slaughter KC MP, marked the 25th anniversary of Pro Bono Week by joining lawyers, charities, students and parliamentarians at events celebrating voluntary legal work
A polished legal defence may owe more to artificial intelligence than legal merit—and creditors risk paying the price in delay and expense
Witness evidence can be compromised by AI before a solicitor sees the draft, leaving safeguards focused on authorship incomplete
Should a conviction stand when a later ruling reveals that the law underpinning it was wrong? The answer exposes a clash between finality and justice
Possession claims are entering a new digital era, with procedural traps awaiting practitioners who assume familiar rules still govern every step
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