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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: Maryam Syed KC, Church Court Chambers

NLJ Career Profile: Maryam Syed KC, Church Court Chambers

From childhood dreams of the Bar to some of the country's most challenging cases, Maryam Syed KC explains why she has never stopped standing up for others

DAC Beachcroft—Richard Breavington, Rachel Ford & Daniel Guilfoyle

DAC Beachcroft—Richard Breavington, Rachel Ford & Daniel Guilfoyle

DAC Beachcroft significantly expands Cyber team, hiring three Cyber partners

Browne Jacobson—Professor Clive Kay

Browne Jacobson—Professor Clive Kay

Browne Jacobson appoints senior healthcare leader Professor Clive Kay as strategic adviser

NEWS
As family justice moves further away from the courtroom, collaborative law is emerging as an increasingly important route to resolving separation disputes
A busy period for employment law is producing important lessons for employers, employees and tribunals alike
From forgotten interest claims to case-management appeals, a string of procedural developments offers useful—and occasionally cautionary—lessons for practitioners

Jonathan Fisher KC highlights that it now accounts for around 40% of criminal offences, with roughly 70% involving technology, and argues that the UK cannot simply prosecute its way out of the problem. Detection, investigation and prosecution all require improvement, while different fraud types demand tailored responses.

How forcefully can a litigant criticise a public authority before robust advocacy crosses the line into unreasonable conduct? 
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