header-logo header-logo

11 November 2016 / Dr Chris Pamplin
Issue: 7722 / Categories: Features , Expert Witness , Profession
printer mail-detail

Trading standards

nlj_7722_pamplin

Chris Pamplin looks at how greater exposure to litigants in person is also exposing expert witnesses to consumer law

Until recently, it was rare for an expert witness to contract direct with a litigant. Indeed, having a lawyer as a buffer between you and the litigant is generally a very good thing, not least when your independence leads you to express opinions the litigant doesn’t like. However, the savage cuts in public funding and restrictions on cost recovery mean that courts are seeing a massive increase in the number of litigants in person. As a consequence, more experts are being asked to work direct with “consumers”, and it opens a whole new can of worms.

Consumer law landscape

The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 (SI 2013/3134) (CCR 2013) and the Consumer Rights Act 2015 (CRA 2015) have ushered in some significant changes to the law in relation to consumer contracts for the supply of goods and services. Experts who are instructed by litigants in person, and create contracts with them,

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

NLJ Career Profile: Nikki Bowker, Devonshires

NLJ Career Profile: Nikki Bowker, Devonshires

Nikki Bowker, head of litigation and dispute resolution at Devonshires, on career resilience, diversity in law and channelling Elle Woods when the pressure is on

Ellisons—Sarah Osborne

Ellisons—Sarah Osborne

Leasehold enfranchisement specialist joins residential property team

DWF—Chris Air

DWF—Chris Air

Firm strengthens commercial team in Manchester with partner appointment

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
back-to-top-scroll