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18 September 2008
Issue: 7337 / Categories: Features , Expert Witness
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Selecting the best

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

Expert advice and evidence can be crucial to the outcome of many civil disputes. Solicitors and their clients invariably benefit from early specialist advice in disputes about technical or scientific matters, and in potential professional negligence claims. The right expert advice at the right time can prevent weak claims from being pursued, and can help to isolate the key issues in claims with a good prospect of success.

Judges are greatly assisted by explanations by experts of the facts and issues in many technical cases; they frequently rely upon medical and valuation reports to assess the quantum of claims (as varied as personal injury and those arising from building projects) and are dependent upon quality opinion evidence, often from more than one source, to help them to decide professional negligence claims.

Conversely, unnecessary or inappropriate evidence from experts can add considerable expense but little value, and poor reports or oral evidence from experts with insufficient expertise, or who fail to understand their role,

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NLJ Career Profile: Nikki Bowker, Devonshires

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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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