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27 February 2015 / Dr Chris Pamplin
Issue: 7642 / Categories: Features , Expert Witness
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Compare & contrast (Pt 2)

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Dr Chris Pamplin continues his exploration of the new guidance for experts

As we covered in the first part of this short series, Guidance for the instruction of experts in civil claims, the update to the 2007 Protocol for the Instruction of Experts to give Evidence in Civil Claimsleaves much of the original guidance in place but adds some new material in areas that have changed, or been introduced, since 2007 (see “Compare & contrast (Pt 1)”, NLJ, 23 January 2015, pp 19-20). This second article continues to work through the new guidance.

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

Single joint experts

The standing assumption on using single joint experts (SJEs) in small claims and fast-track cases remains (para 34), with the aim being to agree or narrow issues that are not contentious (para 35). The redeployment of a party-appointed expert as an SJE requires full disclosure of the expert’s prior involvement in the

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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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