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03 July 2018 / Clare Arthurs , Richard Marshall
Issue: 7800 / Categories: Features , Expert Witness
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A practical alphabet

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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

Arc Pensions Law—Matthew Swynnerton

Arc Pensions Law—Matthew Swynnerton

Chair of the Association of Pension Lawyers joins as partner

Ampa Group—Kamal Chauhan

Ampa Group—Kamal Chauhan

Group names Shakespeare Martineau partner head of Sheffield office

Blake Morgan—four promotions

Blake Morgan—four promotions

Four legal directors promoted to partner across UK offices

NEWS

The abolition of assured shorthold tenancies and section 21 evictions marks the beginning of a ‘brave new world’ for England’s rental sector, writes Daniel Bacon of Seddons GSC

Stephen Gold’s latest Civil Way column rounds up a flurry of procedural and regulatory changes reshaping housing, alternative dispute resolution (ADR) and personal injury litigation
Patients are being systematically failed by an NHS complaints regime that is opaque, poorly enforced and often stacked against them, argues Charles Davey of The Barrister Group
A wealthy Russian divorce battle has produced a sharp warning about trying to challenge foreign nuptial agreements in the wrong English court. Writing in NLJ this week, Vanessa Friend and Robert Jackson of Hodge Jones & Allen examine Timokhin v Timokhina, where the High Court enforced Russian judgments arising from a prenuptial agreement despite arguments based on the landmark Radmacher decision
An obscure Victorian tort may be heading for an unexpected revival after a significant Privy Council ruling that could reshape liability for dangerous escapes, according to Richard Buckley, barrister and emeritus professor of law at the University of Reading
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