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23 January 2015 / Dr Chris Pamplin
Issue: 7637 / Categories: Features , Expert Witness , Profession
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Compare & contrast (Pt 1)

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Chris Pamplin explains why new guidance should be required reading for all expert witnesses & those who instruct them

The long-awaited update to the 2007 Protocol for the Instruction of Experts to give Evidence in Civil Claims (written by the Civil Justice Council (CJC)) is with us at last. Renamed Guidance for the instruction of experts in civil claims, it leaves much of the original guidance in place but adds some new material in areas that have changed, or been introduced, since 2007. This short series works through the new guidance drawing out the key points for experts, providing a refresher on the guidance that has not changed, and an introduction to the areas that have.

  • References in the form (para 1) represent the paragraph number in the new guidance.
  • New material is in bold.

Purpose

The purpose of the guidance is now to allow litigants, experts and those who instruct them to “… understand best practice in complying with Part 35 and court orders”. In the

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MOVERS & SHAKERS

Walkers—Muriel Marseille

Walkers—Muriel Marseille

Ashurst's Chief Risk Officer joins Walkers

Excello Law—John Osborne

Excello Law—John Osborne

Northern family lawyer John Osborne joins Excello

mfg Solicitors—Rebecca Rogers, Kennedy Langley & Victoria Griffiths

mfg Solicitors—Rebecca Rogers, Kennedy Langley & Victoria Griffiths

Trio of promotions announced at Kidderminster law firm mfg Solicitors

NEWS
A sole director can conspire with their own company for the purposes of the tort of unlawful means conspiracy, the High Court has ruled in a judgment with potentially wide implications for business disputes
The Court of Appeal has reinforced that domicile depends on intention rather than residence alone, in a significant post-Brexit ruling on cross-border financial remedy claims
The Chancery Division's long history comes to an end this autumn as it is reborn as the Business and Property Division, prompting questions over whether the shake-up is really necessary
The Financial Conduct Authority (FCA) continues to show that failing to disclose regulatory issues can attract harsher consequences than the original misconduct itself
Rejecting a generous settlement can prove an expensive mistake, as two recent high-profile cases demonstrate
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