header-logo header-logo

08 October 2009 / Stephen Gold
Issue: 7388 / Categories: Features , Civil way , Procedure & practice
printer mail-detail

Civil way: 9 October 2009

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

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

HFW—Nelson Wang

HFW—Nelson Wang

HFW strengthens global insurance practice and Greater China offering with London Partner hire

Burges Salmon—David McEwing

Burges Salmon—David McEwing

Burges Salmon boosts Energy and Utilities practice with appointment of David McEwing

Browne Jacobson—Alexander Studholme

Browne Jacobson—Alexander Studholme

Browne Jacobson adds international construction arbitration partner in London push

NEWS
Law firm trainees are choosing US firms over their UK comparators, according to Chambers’ annual report on UK trainee satisfaction
A former senior judge has warned peers against scrapping juries for fraud and financial crimes, ahead of the Courts and Tribunals Bill’s second reading in the House of Lords this week
Civil practitioners face changes spanning debt recovery, workplace harassment and possession claims, alongside guidance on insolvency challenges and children proceedings

Finding matrimonial wealth is as challenging as dividing it, as family disputes draw practitioners into asset tracing, offshore structures and insolvency

Agreement between opponents offers no guarantee that a court will approve a retrospective increase to a costs budget
back-to-top-scroll