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21 July 2023 / Mark Solon
Issue: 8034 / Categories: Features , Profession , Expert Witness , Procedure & practice
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Expert witness: getting your ducks in a row

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Mark Solon stresses the importance of experts knowing & following the rules
  • The judgment in M v F and another has underscored the importance of an expert witness being well-versed in the rules and guidance governing the presentation of expert evidence.

The 2022 family law case of M v F and another [2022] EWFC 186 has recently been published as a delayed judgment due to a subsequent hearing on expert anonymity. Although a family law matter, the principles dealt with apply to other areas of law.

There are two skill sets required of an expert: first, having the qualifications and experience relevant to the issues of a particular matter; but second, the skills needed to be an expert witness, including how to construct a court complaint report, a knowledge of the court rules, guidance, and protocols and how to give effective oral evidence. Instructing solicitors need to ensure an expert has these essential skills.

Recorder Reed’s judgment is a must-read for all expert witnesses and

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Switalskis—Naila Arif, Harriet Findlay & Ellie Thompson

Switalskis—Naila Arif, Harriet Findlay & Ellie Thompson

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Ward Hadaway—Matthew Morton

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NEWS
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 
A Court of Appeal ruling has clarified that ‘rent’ must be monetary—excluding tenants paid in labour from statutory protection. In this week's NLJ, James Naylor explains Garraway v Phillips, where a tenant worked two days a week instead of paying rent
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’ 
Family law must shift from conflict-driven litigation to child-centred problem-solving, according to a major new report. Writing in NLJ this week, Caroline Bowden of Anthony Gold outlines findings showing overwhelming support for reform, with 92% agreeing lawyers owe duties to children as well as clients
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