header-logo header-logo

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

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

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
back-to-top-scroll