header-logo header-logo

23 June 2023
Issue: 8030 / Categories: Legal News , Expert Witness , Procedure & practice
printer mail-detail

NLJ this week: Late evidence—are the courts too harsh?

The Jackson reforms made the courts more cost-conscious and, consequently, stricter. In this week’s NLJ, Dr Chris Pamplin, editor of the UK Register of Expert Witnesses, asks whether a more balanced approach should be taken by courts which, ten years after Jackson, remain loathe to admit late expert evidence.

The Mitchell case in 2013 marked the onset of a harsher era. Pamplin writes: ‘The court ruled that relief from sanctions would not be granted where deadlines were overlooked. This was commonly applied in cases where deadlines for filing expert reports were missed.’

Pamplin looks at a ‘surprising’ but salutary case for solicitors and experts in which late evidence was refused even though it was central to the case.

Read the article in full here.

MOVERS & SHAKERS

Switalskis—Naila Arif, Harriet Findlay & Ellie Thompson

Switalskis—Naila Arif, Harriet Findlay & Ellie Thompson

Firm awards training contracts to paralegals through internal programme

Ward Hadaway—Matthew Morton

Ward Hadaway—Matthew Morton

Private client disputes specialist joins commercial litigation team

Thomson Hayton Winkley—Nina Hood

Thomson Hayton Winkley—Nina Hood

Cumbria firm appoints new head of residential property

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
back-to-top-scroll