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22 October 2009 / Mark Solon
Issue: 7390 / Categories: Features , Profession , Technology
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Going up a gear

Will a stricter regime for experts mark the end of forum shopping & increase the level of professionalism? Mark Solon reports

New rules introduced this month require all expert witnesses in civil courts to state they are aware of the legal rules that relate to them. Many experts are unaware of the changes, however, if they do not follow the new regime, their evidence may not be acceptable in court.

Experts have always needed to know their subject area and their duty to the court, but the recent changes to the Civil Procedure Rules (CPR) have gone a step further. From 1 October, experts will have to include in their reports a statement confirming their awareness of all relevant court rules.

This key change was introduced to address the view that many experts have failed to comply with the existing rules. Solicitors will now need to look for evidence that an expert has an understanding of CPR Pt 35 (Practice Direction and Protocol). It is also likely that if cases go to

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MOVERS & SHAKERS

London Solicitors Litigation Association—John McElroy

London Solicitors Litigation Association—John McElroy

Fieldfisher partner appointed president as LSLA marks milestone year

Kingsley Napley—Kirsty Churm & Olivia Stiles

Kingsley Napley—Kirsty Churm & Olivia Stiles

Firm promotes two lawyers to partnership across employment and family

Foot Anstey—five promotions

Foot Anstey—five promotions

Firm promotes five lawyers to partnership across key growth areas

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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