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25 February 2016 / David Locke
Issue: 7688 / Categories: Features , Expert Witness , Profession
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Time to empty the tub?

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Recent trial experience has made David Locke question the effectiveness of concurrent evidence

In May 2009, UK experience of concurrent expert evidence was limited to little more than a footnote in Lord Justice Jackson’s interim report on civil litigation costs. He noted the practice in Australia and suggested that it might merit a pilot study here. Since then judicial and practitioner experience of concurrent expert evidence in civil trials has remained relatively modest.

The Manchester Concurrent Evidence Pilot published its interim report in January 2012, but seemed to accept that there was insufficient data (“ admittedly slim evidence ”) to reach any real conclusions. It was then curious that the authors were content to support the inclusion of provision for concurrent evidence within the CPR.

The Practice Direction to CPR 35 contains the relevant rules, albeit they leave a good deal to judicial discretion. The court may direct the parties to agree an agenda, and may initiate the discussion by leading the experts through the agenda and asking questions. The

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NEWS
The Attorney General, Ellie Reeves KC MP, and Solicitor General, Andy Slaughter KC MP, marked the 25th anniversary of Pro Bono Week by joining lawyers, charities, students and parliamentarians at events celebrating voluntary legal work
Witness evidence can be compromised by AI before a solicitor sees the draft, leaving safeguards focused on authorship incomplete
Possession claims are entering a new digital era, with procedural traps awaiting practitioners who assume familiar rules still govern every step
A polished legal defence may owe more to artificial intelligence than legal merit—and creditors risk paying the price in delay and expense
An indemnity costs battle with a £20m gap could reopen an important question: what weight should an approved budget carry?
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