header-logo header-logo

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

Damage limitation

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

Arc Pensions Law—Matthew Swynnerton

Arc Pensions Law—Matthew Swynnerton

Chair of the Association of Pension Lawyers joins as partner

Ampa Group—Kamal Chauhan

Ampa Group—Kamal Chauhan

Group names Shakespeare Martineau partner head of Sheffield office

Blake Morgan—four promotions

Blake Morgan—four promotions

Four legal directors promoted to partner across UK offices

NEWS

The abolition of assured shorthold tenancies and section 21 evictions marks the beginning of a ‘brave new world’ for England’s rental sector, writes Daniel Bacon of Seddons GSC

Stephen Gold’s latest Civil Way column rounds up a flurry of procedural and regulatory changes reshaping housing, alternative dispute resolution (ADR) and personal injury litigation
Patients are being systematically failed by an NHS complaints regime that is opaque, poorly enforced and often stacked against them, argues Charles Davey of The Barrister Group
A wealthy Russian divorce battle has produced a sharp warning about trying to challenge foreign nuptial agreements in the wrong English court. Writing in NLJ this week, Vanessa Friend and Robert Jackson of Hodge Jones & Allen examine Timokhin v Timokhina, where the High Court enforced Russian judgments arising from a prenuptial agreement despite arguments based on the landmark Radmacher decision
An obscure Victorian tort may be heading for an unexpected revival after a significant Privy Council ruling that could reshape liability for dangerous escapes, according to Richard Buckley, barrister and emeritus professor of law at the University of Reading
back-to-top-scroll