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NLJ this week: Expert fare—instructions overseas, waivers of privilege & scrutiny of businesses

21 June 2024
Issue: 8076 / Categories: Legal News , Profession , Expert Witness , International , Commercial , Privilege
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NLJ presents an expert witness special in this week’s issue, covering a range of issues of interest to experts and those who hire them or are involved in matters where experts are hired

First up, forensic accountant Rakesh Kapila, principal at Sim Kapila, Chartered Accountants, advises that expert accountants should always check the reliability of evidence in disputes involving businesses. Kapila offers advice on scrutiny and corroboration, including avoiding ‘seeking irrelevant information through “fishing expeditions”’.

Next, Dr Chris Pamplin, editor of the UK Register of Expert Witnesses, explains why the rules governing the waiver of privilege over instructions to experts is frequently misunderstood. He highlights that ‘legal professional privilege is a jealously guarded concept, and the court will, in most cases, be reluctant to order disclosure.’ Pamplin covers relevant caselaw on mistaken disclosure.

Completing the expert special, Mark Solon, chairman, Wilmington Legal, and founder, Bond Solon, presents a checklist on how to direct experts instructed in overseas cases. Solon’s article is jam-packed with useful advice. He advises careful consideration of the terms and conditions, insurance, timetabling, language and procedure in the destination jurisdiction, required format of the report, and much more.

MOVERS & SHAKERS

Birketts—trainee cohort

Birketts—trainee cohort

Firm welcomes new cohort of 29 trainee solicitors for 2025

Keoghs—four appointments

Keoghs—four appointments

Four partner hires expand legal expertise in Scotland and Northern Ireland

Brabners—Ben Lamb

Brabners—Ben Lamb

Real estate team in Yorkshire welcomes new partner

NEWS
Robert Taylor of 360 Law Services warns in this week's NLJ that adoption of artificial intelligence (AI) risks entrenching disadvantage for SME law firms, unless tools are tailored to their needs
The Court of Protection has ruled in Macpherson v Sunderland City Council that capacity must be presumed unless clearly rebutted. In this week's NLJ, Sam Karim KC and Sophie Hurst of Kings Chambers dissect the judgment and set out practical guidance for advisers faced with issues relating to retrospective capacity and/or assessments without an examination
Delays and dysfunction continue to mount in the county court, as revealed in a scathing Justice Committee report and under discussion this week by NLJ columnist Professor Dominic Regan of City Law School. Bulk claims—especially from private parking firms—are overwhelming the system, with 8,000 cases filed weekly
Charles Pigott of Mills & Reeve charts the turbulent progress of the Employment Rights Bill through the House of Lords, in this week's NLJ
From oligarchs to cosmetic clinics, strategic lawsuits against public participation (SLAPPs) target journalists, activists and ordinary citizens with intimidating legal tactics. Writing in NLJ this week, Sadie Whittam of Lancaster University explores the weaponisation of litigation to silence critics
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