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23 June 2023 / Dr Chris Pamplin
Issue: 8030 / Categories: Features , Profession , Expert Witness , Procedure & practice , CPR
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Late service of expert evidence

The court remains loathe to admit late expert evidence, no matter its importance in determining the overall issues: Chris Pamplin questions whether there is a need for a more balanced approach
  • There is arguably a balance to be struck between application of the strict rules of civil procedure, and the admission of late or defective expert evidence which may be of critical importance in the determination of the issues of a case.

On 1 April 2013, a new regime relating to costs in civil litigation was brought in by Lord Justice Jackson’s final report into civil litigation costs. Among other things, this heralded a reformulated relief from sanctions provision under CPR 3.9. The intention was to make the courts more costs-conscious.

Following hot on the heels of the reforms, the Court of Appeal made clear in Mitchell v News Group Newspapers Ltd [2013] EWCA Civ 1537, [2013] All ER (D) 314 (Nov) that the courts were entering a new and stricter era: adherence to the CPR

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MOVERS & SHAKERS

Bell Yard Kysen—Liz Giles

Bell Yard Kysen—Liz Giles

Bell Yard Kysen appoints senior legal PR and ex-government communications adviser, Liz Giles

Clarke Willmott—Lee Edwards

Clarke Willmott—Lee Edwards

Clarke Willmott boosts Southampton commercial property team with addition of partner Lee Edwards

Lime Solicitors—four promotions

Lime Solicitors—four promotions

Lime Solicitors announces four promotions

NEWS
The Attorney General, Ellie Reeves KC MP, and Solicitor General, Andy Slaughter KC MP, marked the 25th anniversary of Pro Bono Week by joining lawyers, charities, students and parliamentarians at events celebrating voluntary legal work
Witness evidence can be compromised by AI before a solicitor sees the draft, leaving safeguards focused on authorship incomplete
Possession claims are entering a new digital era, with procedural traps awaiting practitioners who assume familiar rules still govern every step
A polished legal defence may owe more to artificial intelligence than legal merit—and creditors risk paying the price in delay and expense
An indemnity costs battle with a £20m gap could reopen an important question: what weight should an approved budget carry?
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