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24 July 2013 / Mark Solon
Issue: 7570 / Categories: Features , Expert Witness , Profession
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In our estimation

Mark Solon reviews the new costs regime for expert witnesses

Builders do it. Car mechanics do it. And now expert witnesses have to provide costs estimates, under the revised Civil Procedure Rules which came into effect in April following Lord Justice Jackson’s report into civil litigation costs.~

Experts comfortable with the old regime may be perplexed by the demands of estimating how much to budget for assessment, research, report-writing, travel, meetings, questions and court appearances. Meanwhile the court enjoys new powers to reduce fees deemed to be disproportionate. Is it worth being an expert witness?

Business time

Some committed experts are upbeat: they can run their operations more like a business—offering fixed and capped fees, for example—and cherry-pick the most profitable work. If they can help solicitors give a costs estimate and identify the key issues, they won’t be pricing themselves out of the market—they are more likely to be employed. Those appointed as a single joint expert, working on behalf of both sides, will be able to earn higher rates

Experts baulking

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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
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