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Expert witnesses: Out for hire?

11 November 2022 / Dr Chris Pamplin
Issue: 8002 / Categories: Features , Profession , Expert Witness
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The independence of experts—can any more warnings be needed, asks Chris Pamplin
  • Covers caselaw illustrating disastrous examples where solicitors have ignored the independence of experts.

It is always frustrating when expert witness independence has to be called into question. Just when you think you’ve seen the worst transgression, another two come along.

Surely everyone knows that experts must not act as ‘hired guns’? Civil Procedure Rules (CPR) Part 35 makes clear that an expert’s first duty is to the court, and this overrides any obligation to those who instruct or pay the expert.

Where the court directs discussions to take place between experts, neither the parties nor their legal representatives may attend, unless this has been ordered by the court or agreed by all parties and the experts. In the course of discussions, experts must give their own opinions to assist the court, and do not require the authority of the parties to sign a joint statement. The report must reflect the expert’s own opinion, and it should

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NEWS
In this week's issue, Stephen Gold, NLJ columnist and former district judge, surveys another eclectic fortnight in procedure. With humour and humanity, he reminds readers that beneath the procedural dust, the law still changes lives
Generative AI isn’t the villain of the courtroom—it’s the misunderstanding of it that’s dangerous, argues Dr Alan Ma of Birmingham City University and the Birmingham Law Society in this week's NLJ
James Naylor of Naylor Solicitors dissects the government’s plan to outlaw upward-only rent review (UORR) clauses in new commercial leases under Schedule 31 of the English Devolution and Community Empowerment Bill, in this week's NLJ. The reform, he explains, marks a seismic shift in landlord-tenant power dynamics: rents will no longer rise inexorably, and tenants gain statutory caps and procedural rights
Writing in NLJ this week, James Harrison and Jenna Coad of Penningtons Manches Cooper chart the Privy Council’s demolition of the long-standing ‘shareholder rule’ in Jardine Strategic v Oasis Investments
Professor Dominic Regan of City Law School and the Frenkel Topping Group—AKA The insider—crowns Mazur v Charles Russell Speechlys LLP as his case of 2025 in his latest column for NLJ. The High Court’s decision—that non-authorised employees cannot conduct litigation, even under supervision—has sent shockwaves through the profession. Regan calls it the year’s defining moment for civil practitioners and reproduces a ‘cut-out-and-keep’ summary of key rulings from Mr Justice Sheldon
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