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04 April 2012 / Martin Burns
Issue: 7509 / Categories: Features , Expert Witness , Property
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Constructing a case

Martin Burns looks at the impact of removing immunity from property expert witnesses

Last year the Supreme Court made a decision that shook the ground beneath the feet of many people who make a living out of helping courts and tribunals to comprehend complicated, technical, things. I am of course talking about expert witnesses. 
 
The role of expert witnesses

The role of an expert witness is to help a court to understand things that are outside the realm of its knowledge and experience. The testimony of an expert does not bind a court, but simply adds technical detail to the evidential picture and helps a court to reach a fully informed decision. 

Expert witnesses are employed frequently by parties in litigation. They are also instructed to act in arbitration, adjudication and other dispute resolution methods which are routinely used in the property and construction sectors. For many years experts have provided testimony safe in the knowledge that they could not be sued for breach of duty to those who pay
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MOVERS & SHAKERS

Carey Olsen—Patrick Ormond

Carey Olsen—Patrick Ormond

Partner joinscorporate and finance practice in British Virgin Islands

Dawson Cornwell—Naomi Angell

Dawson Cornwell—Naomi Angell

Firm strengthens children department with adoption and surrogacy expert

Penningtons Manches Cooper—Graham Green

Penningtons Manches Cooper—Graham Green

Media and technology expert joins employment team as partner in Cambridge

NEWS
Freezing orders in divorce proceedings can unexpectedly ensnare third parties and disrupt businesses. In NLJ this week, Lucy James of Trowers & Hamlins explains how these orders—dubbed a ‘nuclear weapon’—preserve assets but can extend far beyond spouses to companies and business partners 
A Court of Appeal ruling has clarified that ‘rent’ must be monetary—excluding tenants paid in labour from statutory protection. In this week's NLJ, James Naylor explains Garraway v Phillips, where a tenant worked two days a week instead of paying rent
Thousands more magistrates are to be recruited, under a major shake-up to speed up and expand the hiring process
Three men wrongly imprisoned for a combined 77 years have been released—yet received ‘not a penny’ in compensation, exposing deep flaws in the justice system. Writing in NLJ this week, Dr Jon Robins reports on Justin Plummer, Oliver Campbell and Peter Sullivan, whose convictions collapsed amid discredited forensics, ‘oppressive’ police interviews and unreliable ‘cell confessions’
A quiet month for employment cases still delivers key legal clarifications. In his latest Employment Law Brief for NLJ, Ian Smith reports that whistleblowing protection remains intact even where disclosures are partly self-serving, provided the worker reasonably believes they serve the ‘public interest’ 
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