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19 April 2013 / Giles Eyre
Issue: 7556 / Categories: Features , Expert Witness , Profession
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Cutting to the chase

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Medico-legal experts must sharpen up their acts, as Giles Eyre reports

The Jackson and associated reforms in civil court procedure are largely now in place. Extended “tracks” and “portals”, reduced fixed fees, costs budgeting and non-recoverability of success fees will force lawyers to take a close look at the costs incurred in presenting an injury claim and how most efficiently to put the claim together. The medical report is essential, providing the foundations of much of the claim.

A sub-standard medical report will result in damages being undervalued and in time, which will not be remunerated, being wasted by the legal team in interpreting the report and seeking clarification or amendments. Most claims never go to a disputed hearing, but the report, as interpreted or understood by the parties’ representatives, will be used to assess the strength and value of a claim, and to negotiate settlement.

The lawyer dissatisfied with the report is likely to be prevented by the court from obtaining another and will anyway not recover the cost of

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MOVERS & SHAKERS

NLJ Career Profile: Stephen Ward, The Barrister Group

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From mowing lawns to life at the Bar: Stephen Ward reflects on an unconventional career

Clarke Willmott—Ben Loosemore

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Commercial property partner joins Clarke Willmott in Southampton

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Robert Tiffen joins Ellisons as Partner in growing Norwich office

NEWS
The Law Society RFC Festival of Sport returns next month, bringing together legal and financial services professionals for one of the sector’s largest annual sporting events
Legal aid deserts leave almost one in four without adequate access to justice
The Solicitors Regulation Authority (SRA) has warned solicitors and law firms that using artificial intelligence does not alter their professional obligations, amid concerns over inaccurate legal material and client confidentiality
From forgotten interest claims to case-management appeals, a string of procedural developments offers useful—and occasionally cautionary—lessons for practitioners

Jonathan Fisher KC highlights that it now accounts for around 40% of criminal offences, with roughly 70% involving technology, and argues that the UK cannot simply prosecute its way out of the problem. Detection, investigation and prosecution all require improvement, while different fraud types demand tailored responses.

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