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15 October 2020 / Mark Solon
Issue: 7906 / Categories: Features , Profession , Expert Witness
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Expert witness update: Time to pay up!

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Are expert witnesses getting paid? Mark Solon investigates

In brief

  • Bond Solon survey highlights that expert witnesses face serious challenges to getting paid for work done.
  • Can experts tighten up their contractual position to get paid in future?

Some 285 experts responded to our recent survey of expert witnesses that highlights serious issues for experts in getting paid for the work that they do and reveals some ways in which they may be able to tighten up their contractual position in order to ensure payment in future.

Nearly 85% of respondents stated they were self-employed, probably reflecting the position of the majority of the expert witness population. 87% of those surveyed do have terms and conditions and this percentage has gone up over the years. The vast majority (72%) do not conduct some due diligence to ascertain the credit worthiness of the instructing party and it may very well not occur to many to do so. In some instances the reason for non-payment is that the instructing

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MOVERS & SHAKERS

Winckworth Sherwood—Charlotte Coleman & Qaisar Sheikh

Winckworth Sherwood—Charlotte Coleman & Qaisar Sheikh

Two promoted to partner in property litigation and education teams

Dorsey & Whitney LLP—Peter Knust

Dorsey & Whitney LLP—Peter Knust

Cross-border finance and restructuring specialist joins as of counsel in London

Powell Gilbert—Callum Beamish-Lacey

Powell Gilbert—Callum Beamish-Lacey

IP firm promotes litigator to partnership

NEWS

From blockbuster judgments to procedural shake-ups, the courts are busy reshaping litigation practice. Writing in NLJ this week, Professor Dominic Regan of City Law School hails the Court of Appeal's 'exquisite judgment’ in Mazur restoring the role of supervised non-qualified staff, and highlights a ‘mammoth’ damages ruling likened to War and Peace, alongside guidance on medical reporting fees, where a pragmatic 25% uplift was imposed

Momentum is building behind proposals to restrict children’s access to social media—but the legal and practical challenges are formidable. In NLJ this week, Nick Smallwood of Mills & Reeve examines global moves, including Australia’s under-16 ban and the UK's consultation
Reforms designed to rebalance landlord-tenant relations may instead penalise leaseholders themselves. In this week's NLJ, Mike Somekh of The Freehold Collective warns that the Leasehold and Freehold Reform Act 2024 risks creating an ‘underclass’ of resident-controlled freehold companies
Timing is everything—and the Court of Appeal has delivered clarity on when proceedings are ‘brought’. In his latest 'Civil way' column for NLJ, Stephen Gold explains that a claim is issued for limitation purposes when the claim form is delivered to the court, even if fees are underpaid
The traditional ‘single, intensive day’ of financial dispute resolution (FDR) may be due for a rethink. Writing in NLJ this week, Rachel Frost-Smith and Lauren Guiler of Birketts propose a ‘split FDR’ model, separating judicial evaluation from negotiation
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