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12 August 2020 / Sheena Parry
Issue: 7899 / Categories: Features , Profession , Expert Witness
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Expert witness: Double trouble?

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One examination, two experts, several problems. Sheena Parry reports

In brief

  • Is a joint examination a meeting of the experts under the CPR or is it an opportunity for one party to gain information without following Pre Action Protocol?

Mr Justice Tomlin in Graigola Merthyr Co Ltd v Swansea Corporation [1928] 1 Ch 31 stated:

‘Long cases produce evils… In every case of this kind there are generally many irreducible and stubborn facts upon which agreement between experts should be possible, and in my judgement the expert advisers of the parties, whether legal or scientific, are under a special duty to the court in the preparation of such a case to limit in every possible way the contentious matters of fact to be dealt with at the hearing. That is a duty which exists notwithstanding that it may not always be easy to discharge.’

Lord Woolf said, in the Interim Report of his Inquiry into the Civil Justice System the system was still failing to encourage the narrowing of

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MOVERS & SHAKERS

Flint Bishop—Charlotte Harris

Flint Bishop—Charlotte Harris

Sheffield expansion continues with appointment of commercial property partner

Browne Jacobson—Paul Duggan

Browne Jacobson—Paul Duggan

Browne Jacobson strengthens banking and finance practice with latest partner appointment Paul Duggan

Ward Hadaway—Chris Piggott

Ward Hadaway—Chris Piggott

Employment partner joins Ward Hadaway

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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