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10 December 2009 / Mark Solon
Issue: 7397 / Categories: Features , Expert Witness , Profession
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To the letter

Mark Solon provides a step-by-step guide to expert reports

Accuracy is essential before the report is served. Here are some key points to check:

l Are the client’s name and address, etc. correct? Clients get upset if they are not.
l Are the basic facts—dates, places, times and locations—correct? Errors here can mislead and look unprofessional.
l Are the instructions completely and accurately summarised?
l Has the expert listed all the material he has relied upon? Is any of it privileged? Has he attached copies to the report?
l Has the expert commented upon all the specific questions and issues relevant to his expertise?
l Are the conclusions and statements of opinion clearly set out and based upon supporting evidence?
l Is the report consistent with other evidence, such as witness statements, documents and the other experts’ reports? If not, why not?
l Is the report dated and signed?

Above all, consider how the report affects the strength of the case and, if necessary, discuss this with the expert before the report is finalised for disclosure.

Explaining the report to the client

Each

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London Solicitors Litigation Association—John McElroy

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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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