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23 October 2008
Issue: 7342 / Categories: Features , Expert Witness
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Selecting the best

Part two: Mark Solon considers the skills and qualities of the right expert

Expert witnesses only are permitted to offer opinions to the court on the meaning and implication of other evidence that may influence the outcome of the case. The courts are concerned to ensure that opinions are offered by reputable people, following recognised disciplines of knowledge.

The civil courts, under the CPR (rr 32.1, 35.1 and 35.4), have complete control over evidence, including expert evidence. Moreover, the Pre-action Practice Direction states that if parties need an expert pre-action they should if possible engage an agreed expert, and should be aware that if proceedings are issued the court may not allow the use of the expert's report or the recovery of the costs (paras 4.9–10).

    The CPR emphasise the role of the expert as adviser to the court, and that experts should be independent from the party who instructs them (CPR 35.3).  
- The courts have greater control, through judicial case management, over evidence in general (and expert evidence in particular), and over the costs

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MOVERS & SHAKERS

Signature Litigation—Catherine Naylor

Signature Litigation—Catherine Naylor

International fraud and asset recovery offering boosted by partner hire

Stevens & Bolton—Alexa Payet

Stevens & Bolton—Alexa Payet

Private wealth disputes team adds contentious probate specialist

Morgan Lewis—Paul Feldberg

Morgan Lewis—Paul Feldberg

Firm strengthens investigations and sanctions capabilities with London partner hire

NEWS
Cheshire West, which established an ‘acid test’ for deprivation of liberty safeguards, has been overturned by the Supreme Court
The Chancery Division and other segments of the High Court are to be replaced by a new Business and Property Division (BPD), in a major civil justice shakeup
Law firms that hold client money will need to file annual accountants’ reports and make a declaration, the Solicitors Regulation Authority (SRA) confirmed this week
Two district judges and a tribunal judge have been sanctioned for delays in delivering judgments and orders
Private equity (PE) investment into UK law firms halved to £250m last year, but deal volume rose, according to research by Acquira Professional Services’ Momentum private equity market tracker
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