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23 September 2010 / Mark Solon
Issue: 7434 / Categories: Features , Expert Witness , Profession
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A matter of protocol

Mark Solon taps into the world of experts’ discussions

The purpose of experts’ discussions is to narrow the issues between the experts, identify the extent of agreement and disagreement (and reasons for the latter), and if any action might be taken to further narrow the areas of disagreement.

There should be an agenda prepared between the parties, the solicitors and experts, which should be agreed in advance.

The agenda should indicate what matters have been agreed and summarise concisely those which are in issue. Arrangements for discussions should be proportionate—in small claims and fast track cases telephone discussions or an exchange of letters should suffice. Lawyers will only be present if all parties agree and, if they are present, it will only be to answer questions from the experts.

From the discussion, there should be a statement of the areas of agreement and disagreement, which should be copied to the parties and to the court. The summary should also indicate where progress might be made on those matters which cannot be agreed.

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NEWS
The Law Society RFC Festival of Sport returns next month, bringing together legal and financial services professionals for one of the sector’s largest annual sporting events
Legal aid deserts leave almost one in four without adequate access to justice
The Solicitors Regulation Authority (SRA) has warned solicitors and law firms that using artificial intelligence does not alter their professional obligations, amid concerns over inaccurate legal material and client confidentiality
From forgotten interest claims to case-management appeals, a string of procedural developments offers useful—and occasionally cautionary—lessons for practitioners

Jonathan Fisher KC highlights that it now accounts for around 40% of criminal offences, with roughly 70% involving technology, and argues that the UK cannot simply prosecute its way out of the problem. Detection, investigation and prosecution all require improvement, while different fraud types demand tailored responses.

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