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21 June 2024
Issue: 8076 / Categories: Legal News , Profession , Expert Witness , International , Commercial , Privilege
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NLJ this week: Expert fare—instructions overseas, waivers of privilege & scrutiny of businesses

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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

Clarke Willmott—Matthew Roach

Clarke Willmott—Matthew Roach

Partner joins commercial property team in Taunton office

Farrer & Co—Richard Lane

Farrer & Co—Richard Lane

Londstanding London firm appoints new senior partner

Bird & Bird—Sue McLean

Bird & Bird—Sue McLean

Commercial team in London welcomes technology specialist as partner

NEWS
What safeguards apply when trust corporations are appointed as deputy by the Court of Protection? 
Disputing parties are expected to take part in alternative dispute resolution (ADR), where this is suitable for their case. At what point, however, does refusing to participate cross the threshold of ‘unreasonable’ and attract adverse costs consequences?
When it comes to free legal advice, demand massively outweighs supply. 'Millions of people are excluded from access to justice as they don’t have anywhere to turn for free advice—or don’t know that they can ask for help,' Bhavini Bhatt, development director at the Access to Justice Foundation, writes in this week's NLJ
When an ex-couple is deciding who gets what in the divorce or civil partnership dissolution, when is it appropriate for a third party to intervene? David Burrows, NLJ columnist and solicitor advocate, considers this thorny issue in this week’s NLJ
NLJ's latest Charities Appeals Supplement has been published in this week’s issue
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