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11 November 2022 / Dr Chris Pamplin
Issue: 8002 / Categories: Features , Profession , Expert Witness
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Expert witnesses: Out for hire?

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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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MOVERS & SHAKERS

Shakespeare Martineau—Marie Bourke

Shakespeare Martineau—Marie Bourke

Shakespeare Martineau strengthens Sheffield regulatory practice with new hires

Sackers—Louise McRae & Annabella Hwang

Sackers—Louise McRae & Annabella Hwang

Sackers recruits new associates

McHale & Co—Shaun Little & Patrick Byrne

McHale & Co—Shaun Little & Patrick Byrne

Firm bolsters senior team with head of corporate and head of employment

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A sprawling Intellectual Property Office battle between House of Fraser and Frasers Property has delivered a masterclass in modern trade mark law
Courts in England and Wales and Singapore are increasingly confronting complex disputes over international child relocation as families become more globally mobile
The government’s long-awaited family law reform consultation could mark a turning point for domestic abuse victims navigating financial remedy proceedings, but significant challenges remain
A new commercial court pilot giving the public access to documents used in hearings, including expert reports, is raising difficult questions about transparency and privacy
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