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Civil way: 9 October 2009

08 October 2009 / Stephen Gold
Issue: 7388 / Categories: Features , Civil way , Procedure & practice
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The 50th update to the Civil Procedure Rules 1998 came into force on 1 October 2009. Here’s the best of it.

Experts to tell the truth

There is more to the Pt 35 and PD35 changes than semantics. Honest. For a start, we now find an express requirement for proportionality in the putting of questions to an expert. And the joint statement by opposing experts is to set out and not simply show the issues on which they agree and disagree which is presumably the Rule Committee’s way of saying “Sock it to ‘em”.

The expert’s statement of truth verifying a report is revised. “I confirm that I have made clear which facts and matters referred to in this report are within my own knowledge and which are not. Those which are within my own knowledge I confirm to be true. The opinions I have expressed represent my true and complete professional opinions on the matters to which they refer.” Spot the differences? Well the revision would make it more difficult

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MOVERS & SHAKERS

CBI South-East Council—Mike Wilson

CBI South-East Council—Mike Wilson

Blake Morgan managing partner appointed chair of CBI South-East Council

Birketts—Phillippa O’Neill

Birketts—Phillippa O’Neill

Commercial dispute resolution team welcomes partner in Cambridge

Charles Russell Speechlys—Matthew Griffin

Charles Russell Speechlys—Matthew Griffin

Firm strengthens international funds capability with senior hire

NEWS
The proposed £11bn redress scheme following the Supreme Court’s motor finance rulings is analysed in this week’s NLJ by Fred Philpott of Gough Square Chambers
In this week's issue, Stephen Gold, NLJ columnist and former district judge, surveys another eclectic fortnight in procedure. With humour and humanity, he reminds readers that beneath the procedural dust, the law still changes lives
Generative AI isn’t the villain of the courtroom—it’s the misunderstanding of it that’s dangerous, argues Dr Alan Ma of Birmingham City University and the Birmingham Law Society in this week's NLJ
James Naylor of Naylor Solicitors dissects the government’s plan to outlaw upward-only rent review (UORR) clauses in new commercial leases under Schedule 31 of the English Devolution and Community Empowerment Bill, in this week's NLJ. The reform, he explains, marks a seismic shift in landlord-tenant power dynamics: rents will no longer rise inexorably, and tenants gain statutory caps and procedural rights
Writing in NLJ this week, James Harrison and Jenna Coad of Penningtons Manches Cooper chart the Privy Council’s demolition of the long-standing ‘shareholder rule’ in Jardine Strategic v Oasis Investments
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