header-logo header-logo

22 October 2009 / Mark Solon
Issue: 7390 / Categories: Features , Profession , Technology
printer mail-detail

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

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

NLJ Career Profile: Nikki Bowker, Devonshires

NLJ Career Profile: Nikki Bowker, Devonshires

Nikki Bowker, head of litigation and dispute resolution at Devonshires, on career resilience, diversity in law and channelling Elle Woods when the pressure is on

Ellisons—Sarah Osborne

Ellisons—Sarah Osborne

Leasehold enfranchisement specialist joins residential property team

DWF—Chris Air

DWF—Chris Air

Firm strengthens commercial team in Manchester with partner appointment

NEWS
Contract damages are usually assessed at the date of breach—but not always. Writing in NLJ this week, Ian Gascoigne, knowledge lawyer at LexisNexis, examines the growing body of cases where courts have allowed later events to reshape compensation
The Supreme Court has restored ‘doctrinal coherence’ to unfair prejudice litigation, writes Natalie Quinlivan, partner at Fieldfisher LLP, in this week' NLJ
The High Court’s refusal to recognise a prolific sperm donor as a child’s legal parent has highlighted the risks of informal conception arrangements, according to Liam Hurren, associate at Kingsley Napley, in NLJ this week
The Court of Appeal’s decision in Mazur may have settled questions around litigation supervision, but the profession should not simply ‘move on’, argues Jennifer Coupland, CEO of CILEX, in this week's NLJ
A simple phrase like ‘subject to references’ may not protect employers as much as they think. Writing in NLJ this week, Ian Smith, barrister and emeritus professor of employment law at UEA, analyses recent employment cases showing how conditional job offers can still create binding contracts
back-to-top-scroll