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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

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NEWS
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Freezing orders in divorce proceedings can unexpectedly ensnare third parties and disrupt businesses. In NLJ this week, Lucy James of Trowers & Hamlins explains how these orders—dubbed a ‘nuclear weapon’—preserve assets but can extend far beyond spouses to companies and business partners 
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A Court of Appeal ruling has clarified that ‘rent’ must be monetary—excluding tenants paid in labour from statutory protection. In this week's NLJ, James Naylor explains Garraway v Phillips, where a tenant worked two days a week instead of paying rent
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Thousands more magistrates are to be recruited, under a major shake-up to speed up and expand the hiring process
NLJ this week: Freed but failed—justice system leaves the innocent empty-handed
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’
NLJ this week: Clarity on whistleblowing, settlements and tribunal limits
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’ 
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