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Pulling together

02 June 2017 / James Stanbury
Issue: 7748 / Categories: Features , Expert Witness , Profession
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Working together makes the expert/instructing solicitor relationship stronger, as James Stanbury explains

In any expert process, there are various key stages for an expert, but I want to focus on just four: selection, instruction, reports and meetings.

Selection

There is a continuing debate over the type of expert that should be used on a case. For an instructing solicitor, it is clearly important to choose the right expert, who has experience relevant to the case. The question arises, in some cases, whether it is better to appoint an industry expert or a “professional” expert. It can and does happen in my field of forensic accounting. Take, for example, a claim for loss of profit from a fire or flood at a hotel: should a hotel expert, who has worked in the industry, be appointed or a professional accounting expert who has experience of dealing with economic damages claims from hotels over many years?

Of course, expert requirements turn on the facts of a case and the balance of choice can be difficult and opens up the

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NEWS
One in five in-house lawyers suffer ‘high’ or ‘severe’ work-related stress, according to a report by global legal body, the Association of Corporate Counsel (ACC)
The Legal Ombudsman’s (LeO’s) plea for a budget increase has been rejected by the Law Society and accepted only ‘with reluctance’ by conveyancers
Overcrowded prisons, mental health hospitals and immigration centres are failing to meet international and domestic human rights standards, the National Preventive Mechanism (NPM) has warned
Two speedier and more streamlined qualification routes have been launched for probate and conveyancing professionals
Workplace stress was a contributing factor in almost one in eight cases before the employment tribunal last year, indicating its endemic grip on the UK workplace
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