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30 March 2007 / Mark James
Issue: 7266 / Categories: Features , Procedure & practice
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Closing down

The controversial practice of expert shopping could soon be history. Mark James explains

Expert shopping has long been recognised as a vice of the adversarial sys­tem. Unlike many continental systems­—where court appointed experts are the norm—in England and Wales a party is free to select its own experts and discard those that do not support its case.

There is an obvious benefit to justice in forcing an expert shopper to disclose discarded reports. It enables the court to see the full picture and makes it more likely that justice is done. Discouraging expert shopping reduces the cost of litigation. Partisan experts writing biased reports to replace discarded reports are more easily detected, and objectivity in report writing is encouraged. Once disclosed, the discarded report may be relied upon by the other side as evidence at trial (see CPR 35.11).

Privilege

The desire to eliminate expert shopping and to do justice may, and usually will, bring the court into conflict with the doctrine of legal professional privilege. There is no doubt that, prior to disclosure to

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MOVERS & SHAKERS

Forbes Solicitors—Stephen Barnfield

Forbes Solicitors—Stephen Barnfield

Regulatory team boosted by partner hire amid rising health and safety demand

Arc Pensions Law—Kris Weber

Arc Pensions Law—Kris Weber

Legal director promoted to partner at specialist pensions firm

Clarke Willmott—Jonathan Cree

Clarke Willmott—Jonathan Cree

Residential development capability expands with partner hire in Birmingham

NEWS

From blockbuster judgments to procedural shake-ups, the courts are busy reshaping litigation practice. Writing in NLJ this week, Professor Dominic Regan of City Law School hails the Court of Appeal's 'exquisite judgment’ in Mazur restoring the role of supervised non-qualified staff, and highlights a ‘mammoth’ damages ruling likened to War and Peace, alongside guidance on medical reporting fees, where a pragmatic 25% uplift was imposed

Momentum is building behind proposals to restrict children’s access to social media—but the legal and practical challenges are formidable. In NLJ this week, Nick Smallwood of Mills & Reeve examines global moves, including Australia’s under-16 ban and the UK's consultation
Reforms designed to rebalance landlord-tenant relations may instead penalise leaseholders themselves. In this week's NLJ, Mike Somekh of The Freehold Collective warns that the Leasehold and Freehold Reform Act 2024 risks creating an ‘underclass’ of resident-controlled freehold companies
Timing is everything—and the Court of Appeal has delivered clarity on when proceedings are ‘brought’. In his latest 'Civil way' column for NLJ, Stephen Gold explains that a claim is issued for limitation purposes when the claim form is delivered to the court, even if fees are underpaid
The traditional ‘single, intensive day’ of financial dispute resolution (FDR) may be due for a rethink. Writing in NLJ this week, Rachel Frost-Smith and Lauren Guiler of Birketts propose a ‘split FDR’ model, separating judicial evaluation from negotiation
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