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22 September 2023 / Simon Berney-Edwards
Issue: 8041 / Categories: Features , Profession
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Due diligence & expert opinions

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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

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
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