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08 April 2022
Issue: 7974 / Categories: Legal News , Expert Witness
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NLJ this week: Expert witness special―switching, suing & finding the magic number

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It’s all about expert witnesses in NLJ this week, with a special supplement covering the latest topics of note, from switching horses mid-race (expert mid-case) to calculating amounts of lost pension and experts’ exposure to professional negligence actions

Dr Chris Pamplin, editor of the UK Register of Expert Witnesses, looks into the court’s power to allow a party to change its expert witness, and how far back this power can reach. He covers a significant case on this issue, involving a fire at a hotel, that was handed down last summer as well as surveying a range of pre-existing caselaw on the subject.

Forensic accountant Rakesh Kapila, of Sim Kapila, covers the crucial role of the expert accountant when assessing lost pension rights in various forms of litigation. Pensions have become increasingly complex over the years. Kapila explains some methods for evaluating losses. 

Mark Solon, chairman, Wilmington Legal & founder, Bond Solon, looks into the High Court’s dismissal of a professional negligence case against a medical expert (Radia v Marks). This has been a source of concern for experts since the 2011 case of Jones v Kaney. Now, Solon writes, they ‘may breathe a sigh of relief’.

MOVERS & SHAKERS

NLJ Career Profile: Ken Fowlie, Stowe Family Law

NLJ Career Profile: Ken Fowlie, Stowe Family Law

Ken Fowlie, chairman of Stowe Family Law, reflects on more than 30 years in legal services after ‘falling into law’

Jackson Lees Group—Jannina Barker, Laura Beattie & Catherine McCrindle

Jackson Lees Group—Jannina Barker, Laura Beattie & Catherine McCrindle

Firm promotes senior associate and team leader as wills, trusts and probate team expands

Asserson—Michael Francos-Downs

Asserson—Michael Francos-Downs

Manchester real estate finance practice welcomes legal director

NEWS
The cab-rank rule remains a bulwark of the rule of law, yet lawyers are increasingly judged by their clients’ causes. Writing in NLJ this week, Ian McDougall, president of the LexisNexis Rule of Law Foundation, warns that conflating representation with endorsement is a ‘clear and present danger’
Holiday lets may promise easy returns, but restrictive covenants can swiftly scupper plans. Writing in NLJ this week, Andrew Francis of Serle Court recounts how covenants limiting use to a ‘private dwelling house’ or ‘private residence’ have repeatedly defeated short-term letting schemes
Artificial intelligence (AI) is already embedded in the civil courts, but regulation lags behind practice. Writing in NLJ this week, Ben Roe of Baker McKenzie charts a landscape where AI assists with transcription, case management and document handling, yet raises acute concerns over evidence, advocacy and even judgment-writing
The Supreme Court has drawn a firm line under branding creativity in regulated markets. In Dairy UK Ltd v Oatly AB, it ruled that Oatly’s ‘post-milk generation’ trade mark unlawfully deployed a protected dairy designation. In NLJ this week, Asima Rana of DWF explains that the court prioritised ‘regulatory clarity over creative branding choices’, holding that ‘designation’ extends beyond product names to marketing slogans
From cat fouling to Part 36 brinkmanship, the latest 'Civil way' round-up is a reminder that procedural skirmishes can have sharp teeth. NLJ columnist Stephen Gold ranges across recent decisions with his customary wit
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