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04 April 2014 / Paul Phillips
Issue: 7601 / Categories: Features , Expert Witness , Profession
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Damage limitation

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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].”

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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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