header-logo header-logo

30 April 2009 / Mark Solon
Categories: Features , Expert Witness , Profession
printer mail-detail

Selecting the best

Part three: Experts and the CPR; Mark Solon goes back to basics

Parts 1 and 3 of the Civil Procedure Rules (CPR), on the overriding objective and case management, provide the framework for the court management of expert evidence.

Pt 1: dealing with a case justly

The overriding objective (dealing with a case justly), includes principles of particular relevance to expert evidence: ensuring the parties are on an equal footing; saving expense and dealing with the case in ways which are proportionate to the amount of money involved, the importance of the case, the complexity of the issues and the financial position of the parties; encouraging the parties to co-operate (for instance in the selection and instruction of a single joint expert); and identifying issues at an early stage.

Pt 3: case management

This gives judges wide discretionary powers to give directions and set timetables, including for the disclosure of evidence. The judge can act on paper on his/her own initiative, on application of the parties, or take decisions at case management conferences. Statements

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Keystone Law—Milena Szuniewicz-Wenzel & Ian Hopkinson

Keystone Law—Milena Szuniewicz-Wenzel & Ian Hopkinson

International arbitration team strengthened by double partner hire

Coodes Solicitors—Pam Johns, Rachel Pearce & Bradley Kaine

Coodes Solicitors—Pam Johns, Rachel Pearce & Bradley Kaine

Firm celebrates trio holding senior regional law society and junior lawyers division roles

Michelman Robinson—Sukhi Kaler

Michelman Robinson—Sukhi Kaler

Partner joins commercial and business litigation team in London

NEWS
The government has pledged to ‘move fast’ to protect children from harm caused by artificial intelligence (AI) chatbots, and could impose limits on social media as early as the summer
All eyes will be on the Court of Appeal (or its YouTube livestream) next week as it sits to consider the controversial Mazur judgment
An NHS Foundation Trust breached a consultant’s contract by delegating an investigation into his knowledge of nurse Lucy Letby’s case
Draft guidance for schools on how to support gender-questioning pupils provides ‘more clarity’, but headteachers may still need legal advice, an education lawyer has said
Litigation funder Innsworth Capital, which funded behemoth opt-out action Merricks v Mastercard, can bring a judicial review, the High Court ruled last week
back-to-top-scroll