header-logo header-logo

27 February 2015 / Dr Chris Pamplin
Issue: 7642 / Categories: Features , Expert Witness
printer mail-detail

Compare & contrast (Pt 2)

nlj_7642_pamplin

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

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

NLJ Career Profile: Ken Fowlie, Stowe Family Law

NLJ Career Profile: Ken Fowlie, Stowe Family Law

Ken Fowlie, chairman of Stowe Family Law, reflects on more than 30 years in legal services after ‘falling into law’

Gardner Leader—Michelle Morgan & Catherine Morris

Gardner Leader—Michelle Morgan & Catherine Morris

Regional law firm expands employment team with partner and senior associate hires

Freeths—Carly Harwood & Tom Newton

Freeths—Carly Harwood & Tom Newton

Nottinghamtrusts, estates and tax team welcomes two senior associates

NEWS
Children can claim for ‘lost years’ damages in personal injury cases, the Supreme Court has held in a landmark judgment
The cab-rank rule remains a bulwark of the rule of law, yet lawyers are increasingly judged by their clients’ causes. Writing in NLJ this week, Ian McDougall, president of the LexisNexis Rule of Law Foundation, warns that conflating representation with endorsement is a ‘clear and present danger’
Holiday lets may promise easy returns, but restrictive covenants can swiftly scupper plans. Writing in NLJ this week, Andrew Francis of Serle Court recounts how covenants limiting use to a ‘private dwelling house’ or ‘private residence’ have repeatedly defeated short-term letting schemes
Artificial intelligence (AI) is already embedded in the civil courts, but regulation lags behind practice. Writing in NLJ this week, Ben Roe of Baker McKenzie charts a landscape where AI assists with transcription, case management and document handling, yet raises acute concerns over evidence, advocacy and even judgment-writing
The Supreme Court has drawn a firm line under branding creativity in regulated markets. In Dairy UK Ltd v Oatly AB, it ruled that Oatly’s ‘post-milk generation’ trade mark unlawfully deployed a protected dairy designation. In NLJ this week, Asima Rana of DWF explains that the court prioritised ‘regulatory clarity over creative branding choices’, holding that ‘designation’ extends beyond product names to marketing slogans
back-to-top-scroll