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: Ken Fowlie, Stowe Family Law

NLJ Career Profile: Ken Fowlie, Stowe Family Law

Ken Fowlie, chairman of Stowe Family Law, reflects on more than 30 years in legal services after ‘falling into law’

Jackson Lees Group—Jannina Barker, Laura Beattie & Catherine McCrindle

Jackson Lees Group—Jannina Barker, Laura Beattie & Catherine McCrindle

Firm promotes senior associate and team leader as wills, trusts and probate team expands

Asserson—Michael Francos-Downs

Asserson—Michael Francos-Downs

Manchester real estate finance practice welcomes legal director

NEWS
The Supreme Court has drawn a firm line under branding creativity in regulated markets. In Dairy UK Ltd v Oatly AB, it ruled that Oatly’s ‘post-milk generation’ trade mark unlawfully deployed a protected dairy designation. In NLJ this week, Asima Rana of DWF explains that the court prioritised ‘regulatory clarity over creative branding choices’, holding that ‘designation’ extends beyond product names to marketing slogans
From cat fouling to Part 36 brinkmanship, the latest 'Civil way' round-up is a reminder that procedural skirmishes can have sharp teeth. NLJ columnist Stephen Gold ranges across recent decisions with his customary wit
Digital loot may feel like property, but civil law is not always convinced. In NLJ this week, Paul Schwartfeger of 36 Stone and Nadia Latti of CMS examine fraud involving platform-controlled digital assets, from ‘account takeover and asset stripping’ to ‘value laundering’
Lasting powers of attorney (LPAs) are not ‘set and forget’ documents. In this week's NLJ, Ann Stanyer of Wedlake Bell urges practitioners to review LPAs every five years and after major life changes
Holiday lets may promise easy returns, but restrictive covenants can swiftly scupper plans. Writing in NLJ this week, Andrew Francis of Serle Court recounts how covenants limiting use to a ‘private dwelling house’ or ‘private residence’ have repeatedly defeated short-term letting schemes
back-to-top-scroll