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17 May 2013 / Mark Solon
Issue: 7560 / Categories: Features , Expert Witness , Profession
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What makes an expert witness?

Mark Solon explains how to field the best people for your client’s needs

An expert can make or break a case so it is essential to choose wisely. What is the court looking for? Experts should be truly independent: their first duty is to the court. Rather than a range of experts, judges prefer a single joint expert advising all parties so that there is only one report and opinion to consider.

Experts need to be trained in compliance with the Civil Procedure Rules to understand their role and court protocol. Since the ruling in Jones v Kaney [2011] UKSC 13, [2011] 2 All ER 671, experts in legal proceedings are no longer immune from negligence claims, so they should have professional indemnity insurance.

What are you looking for?

Before any litigation, seek a well-regarded, independent expert with knowledge of the type of dispute and the uncertainties of litigation. He or she should be able to handle deadlines and work with limited information, rather than write stellar reports or shine

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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 Legal Action Group (LAG)—the UK charity dedicated to advancing access to justice—has unveiled its calendar of training courses, seminars and conferences designed to support lawyers, advisers and other legal professionals in tackling key areas of public interest law
The Police and Criminal Evidence Act 1984 transformed criminal justice. Writing in NLJ this week, Ed Cape of UWE and Matthew Hardcastle and Sandra Paul of Kingsley Napley trace its ‘seismic impact’
Operational resilience is no longer optional. Writing in NLJ this week, Emma Radmore and Michael Lewis of Womble Bond Dickinson explain how UK regulators expect firms to identify ‘important business services’ that could cause ‘intolerable levels of harm’ if disrupted
Refusing ADR is risky—but not always fatal. Writing in NLJ this week, Masood Ahmed and Sanjay Dave Singh of the University of Leicester analyse Assensus Ltd v Wirsol Energy Ltd: despite repeated invitations to mediate, the defendant stood firm, made a £100,000 Part 36 offer and was ultimately ‘wholly vindicated’ at trial
As the drip-feed of Epstein disclosures fuels ‘collateral damage’, the rush to cry misconduct in public office may be premature. Writing in NLJ this week, David Locke of Hill Dickinson warns that the offence is no catch-all for political embarrassment. It demands a ‘grave departure’ from proper standards, an ‘abuse of the public’s trust’ and conduct ‘sufficiently serious to warrant criminal punishment’
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