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A practical alphabet

03 July 2018 / Clare Arthurs , Richard Marshall
Issue: 7800 / Categories: Features , Expert Witness
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Clare Arthurs & Richard Marshall share an (almost) A to Z of all things expert

Adviser

Can be used prior to or alongside proceedings to better understand any technical issues and shape tactics and strategy. No duties to the court, and reports remain privileged; but costs will not be recoverable.

Be thorough

Make sure your expert understands what is required of them. Send them copies of CPR 35, the accompanying Practice Direction and the CJC Guidance for instructing experts in civil claims.

Changing experts

Neither cheap nor easy. Remember that CPR 35.4 allows the court to order disclosure of any pre-existing expert’s report if you wish to substitute them.

Duty to the court

A formally instructed expert’s duty to the court overrides their duty to those instructing them: important for client, solicitor and expert to understand and remember.

Expert determination

The lesser-known half-sibling of arbitration, does your dispute centre around an issue of valuation or scientific fact? Then this could be the cost-effective (but potentially unpredictable) ADR solution for you.

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MOVERS & SHAKERS

Quinn Emanuel Urquhart & Sullivan—Andrew Savage

Quinn Emanuel Urquhart & Sullivan—Andrew Savage

Firm expands London disputes practice with senior partner hire

Druces—Lisa Cardy

Druces—Lisa Cardy

Senior associate promotion strengthens real estate offering

Charles Russell Speechlys—Robert Lundie Smith

Charles Russell Speechlys—Robert Lundie Smith

Leading patent litigator joins intellectual property team

NEWS
The government’s plan to introduce a Single Professional Services Supervisor could erode vital legal-sector expertise, warns Mark Evans, president of the Law Society of England and Wales, in NLJ this week
Writing in NLJ this week, Jonathan Fisher KC of Red Lion Chambers argues that the ‘failure to prevent’ model of corporate criminal responsibility—covering bribery, tax evasion, and fraud—should be embraced, not resisted
Professor Graham Zellick KC argues in NLJ this week that, despite Buckingham Palace’s statement stripping Andrew Mountbatten Windsor of his styles, titles and honours, he remains legally a duke
Writing in NLJ this week, Sophie Ashcroft and Miranda Joseph of Stevens & Bolton dissect the Privy Council’s landmark ruling in Jardine Strategic Ltd v Oasis Investments II Master Fund Ltd (No 2), which abolishes the long-standing 'shareholder rule'
In NLJ this week, Sailesh Mehta and Theo Burges of Red Lion Chambers examine the government’s first-ever 'Afghan leak' super-injunction—used to block reporting of data exposing Afghans who aided UK forces and over 100 British officials. Unlike celebrity privacy cases, this injunction centred on national security. Its use, the authors argue, signals the rise of a vast new body of national security law spanning civil, criminal, and media domains
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