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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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MOVERS & SHAKERS

London Solicitors Litigation Association—John McElroy

London Solicitors Litigation Association—John McElroy

Fieldfisher partner appointed president as LSLA marks milestone year

Kingsley Napley—Kirsty Churm & Olivia Stiles

Kingsley Napley—Kirsty Churm & Olivia Stiles

Firm promotes two lawyers to partnership across employment and family

Foot Anstey—five promotions

Foot Anstey—five promotions

Firm promotes five lawyers to partnership across key growth areas

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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