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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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NEWS
Contract damages are usually assessed at the date of breach—but not always. Writing in NLJ this week, Ian Gascoigne, knowledge lawyer at LexisNexis, examines the growing body of cases where courts have allowed later events to reshape compensation
The Supreme Court has restored ‘doctrinal coherence’ to unfair prejudice litigation, writes Natalie Quinlivan, partner at Fieldfisher LLP, in this week' NLJ
The High Court’s refusal to recognise a prolific sperm donor as a child’s legal parent has highlighted the risks of informal conception arrangements, according to Liam Hurren, associate at Kingsley Napley, in NLJ this week
The Court of Appeal’s decision in Mazur may have settled questions around litigation supervision, but the profession should not simply ‘move on’, argues Jennifer Coupland, CEO of CILEX, in this week's NLJ
A simple phrase like ‘subject to references’ may not protect employers as much as they think. Writing in NLJ this week, Ian Smith, barrister and emeritus professor of employment law at UEA, analyses recent employment cases showing how conditional job offers can still create binding contracts
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