header-logo header-logo

Damage limitation

04 April 2014 / Paul Phillips
Issue: 7601 / Categories: Features , Expert Witness , Profession
printer mail-detail
web_phillips

How will Jackson impact on the courts’ attitude towards expert evidence? Paul Phillips investigates

Changes to the Civil Procedure Rules post-Jackson concerning the use of expert witnesses may lead to a few sleepless nights for practitioners struggling to determine if they are adopting the best approach.

 

Expert’s role limited

Whereas in the past a number of different experts may have been called, some providing overlapping evidence, the emphasis now is on strictly limiting their role.

The direction is contained in CPR 35.4 (2) and (3): “(2) When parties apply for permission they must provide an estimate of the costs of the proposed expert evidence and identify—(a) the field in which expert evidence is required and the issues which the expert evidence will address ; and (b) where practicable, the name of the proposed expert. (3) If permission is granted it shall be in relation only to the expert named or the field identified under para (2). The order granting permission may specify the issues which the expert evidence should address [emphasis added].”

Apply

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

Freeths—Ruth Clare

Freeths—Ruth Clare

National real estate team bolstered by partner hire in Manchester

Farrer & Co—Claire Gordon

Farrer & Co—Claire Gordon

Partner appointed head of family team

mfg Solicitors—Neil Harrison

mfg Solicitors—Neil Harrison

Firm strengthens agriculture and rural affairs team with partner return

NEWS
Conveyancing lawyers have enjoyed a rapid win after campaigning against UK Finance’s decision to charge for access to the Mortgage Lenders’ Handbook
The Crown Prosecution Service (CPS) has launched a recruitment drive for talented early career and more senior barristers and solicitors
Regulators differed in the clarity and consistency of their post-Mazur advice and guidance, according to an interim report by the Legal Services Board (LSB)
The Solicitors Act 1974 may still underpin legal regulation, but its age is increasingly showing. Writing in NLJ this week, Victoria Morrison-Hughes of the Association of Costs Lawyers argues that the Act is ‘out of step with modern consumer law’ and actively deters fairness
A Competition Appeal Tribunal (CAT) ruling has reopened debate on the availability of ‘user damages’ in competition claims. Writing in NLJ this week, Edward Nyman of Hausfeld explains how the CAT allowed Dr Liza Lovdahl Gormsen’s alternative damages case against Meta to proceed, rejecting arguments that such damages are barred in competition law
back-to-top-scroll