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25 November 2011 / Mark Solon
Issue: 7491 / Categories: Opinion , Expert Witness , Costs
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The end of expert frolics

Mark Solon appraises Lord Justice Jackson’s views on focusing expert evidence & controlling costs

Lord Justice Jackson delivered his fourth lecture on the implementation of his Civil Litigation Costs Review to 300 experts at the annual Bond Solon expert witness conference earlier this month. He spoke without notes or microphone and looked at two specific aspects of expert evidence: focusing expert evidence and managing the costs of expert evidence. The experts liked what he said on the first but not so much on the second. In essence, reports should be small but perfectly formed and cost less.

Focusing expert evidence

Jackson said courts should make greater use of their existing powers to control expert evidence, in particular by identifying the issues which experts should address at an early stage. “Many expert witnesses have expressed strong support for the above proposal. They would welcome directions given by the court at a case management conference identifying the issues upon which their expert

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Freezing orders in divorce proceedings can unexpectedly ensnare third parties and disrupt businesses. In NLJ this week, Lucy James of Trowers & Hamlins explains how these orders—dubbed a ‘nuclear weapon’—preserve assets but can extend far beyond spouses to companies and business partners 
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Thousands more magistrates are to be recruited, under a major shake-up to speed up and expand the hiring process
Three men wrongly imprisoned for a combined 77 years have been released—yet received ‘not a penny’ in compensation, exposing deep flaws in the justice system. Writing in NLJ this week, Dr Jon Robins reports on Justin Plummer, Oliver Campbell and Peter Sullivan, whose convictions collapsed amid discredited forensics, ‘oppressive’ police interviews and unreliable ‘cell confessions’
A quiet month for employment cases still delivers key legal clarifications. In his latest Employment Law Brief for NLJ, Ian Smith reports that whistleblowing protection remains intact even where disclosures are partly self-serving, provided the worker reasonably believes they serve the ‘public interest’ 
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