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Due diligence & expert opinions

22 September 2023 / Simon Berney-Edwards
Issue: 8041 / Categories: Features , Profession
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Simon Berney-Edwards underlines the importance of providing experts with all the evidence they need to ensure their opinions pass muster
  • Those instructing care experts must ensure that they have been provided with all the necessary evidence to ensure that they can fully address the issues, and that their opinions are fully justified and tested against the realities of life.

The recent judgment by Mr Justice Cotter in the case of Scarcliffe v Brampton Valley Group Ltd [2023] EWHC 1565 (KB) provides important direction and lessons to be learned for expert witnesses and those instructing them.

This claim arose out of an accident in 2017 in which Mr Scarcliffe, a tree surgeon, suffered two spinal fractures when a colleague lost control of a solid section of tree trunk, and it fell on him. Judgment had been found in favour of Mr Scarcliffe, and the proceedings in question were therefore specifically to assess damages. The claim detailed significant requirements going forward as two of his five children are disabled. The original claim was

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MOVERS & SHAKERS

Pillsbury—Lord Garnier KC

Pillsbury—Lord Garnier KC

Appointment of former Solicitor General bolsters corporate investigations and white collar practice

Hall & Wilcox—Nigel Clark

Hall & Wilcox—Nigel Clark

Firm strengthens international strategy with hire of global relations consultant

Slater Heelis—Sylviane Kokouendo & Shazia Ashraf

Slater Heelis—Sylviane Kokouendo & Shazia Ashraf

Partner and associate join employment practice

NEWS
The government’s plan to introduce a Single Professional Services Supervisor could erode vital legal-sector expertise, warns Mark Evans, president of the Law Society of England and Wales, in NLJ this week
Writing in NLJ this week, Jonathan Fisher KC of Red Lion Chambers argues that the ‘failure to prevent’ model of corporate criminal responsibility—covering bribery, tax evasion, and fraud—should be embraced, not resisted
Professor Graham Zellick KC argues in NLJ this week that, despite Buckingham Palace’s statement stripping Andrew Mountbatten Windsor of his styles, titles and honours, he remains legally a duke
Writing in NLJ this week, Sophie Ashcroft and Miranda Joseph of Stevens & Bolton dissect the Privy Council’s landmark ruling in Jardine Strategic Ltd v Oasis Investments II Master Fund Ltd (No 2), which abolishes the long-standing 'shareholder rule'
In NLJ this week, Sailesh Mehta and Theo Burges of Red Lion Chambers examine the government’s first-ever 'Afghan leak' super-injunction—used to block reporting of data exposing Afghans who aided UK forces and over 100 British officials. Unlike celebrity privacy cases, this injunction centred on national security. Its use, the authors argue, signals the rise of a vast new body of national security law spanning civil, criminal, and media domains
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