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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

Withers—Sophie Barrett-Brown

Withers—Sophie Barrett-Brown

Withers drives further growth in its UK immigration team with new partner Sophie Barrett-Brown

Venus Legal—Esther Amoako

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Venus Legal invests in next generation of legal talent as specialist litigation practice grows

Fisher Phillips—Catrina Smith

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Fisher Phillips continues momentum in London with arrival of Catrina Smith

NEWS
Restrictions on workplace non-disclosure agreements could make settlements slower, more complex and more expensive when reforms expected in 2027 take effect
Private prosecutors face closer scrutiny under Crown Prosecution Service guidance designed to strengthen accountability and consistency when intervention is requested
Foreign states cannot necessarily claim immunity for cyber operations launched abroad against computers in Britain, following a divided Supreme Court ruling
Defendants who make unsupported complaints about their lawyers risk losing legal aid while confiscation proceedings continue without representation
Lawyers advising Russian clients face different sanctions restrictions across the UK, EU and US, despite their shared objective of increasing pressure on Russia
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