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28 October 2010 / Mark Solon
Issue: 7439 / Categories: Features , Expert Witness , Profession , CPR
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Expert assessment

How much do your experts know about the Civil Procedure Rules? Mark Solon investigates

It is the nightmare of every litigator to watch their expert cross examined and the expert revealing a lack of knowledge in their professional field. The credibility of the expert is demolished with potential catastrophic consequences for the case.

Knowledge

I have discussed in previous articles the necessity for careful selection of all experts and then making sure the expert really does have the right qualifications and experience for the issues in question.
However, since October last year, experts are also required to know the Civil Procedure Rules.

The Rules state that all experts’ reports must contain a statement that experts “are aware of the requirements of Pt 35 and Practice Direction 35, this protocol [the Protocol for the Instruction of Experts to Give Evidence in Civil Claims] and the practice direction on pre-action conduct”.

The Rules also state that: “Those intending to instruct experts to give or prepare evidence for the purpose of civil proceedings should consider whether

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MOVERS & SHAKERS

NLJ Career Profile: Stephen Ward, The Barrister Group

NLJ Career Profile: Stephen Ward, The Barrister Group

From mowing lawns to life at the Bar: Stephen Ward reflects on an unconventional career

Clarke Willmott—Ben Loosemore

Clarke Willmott—Ben Loosemore

Commercial property partner joins Clarke Willmott in Southampton

Ellisons—Robert Tiffen

Ellisons—Robert Tiffen

Robert Tiffen joins Ellisons as Partner in growing Norwich office

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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