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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

Switalskis—Naila Arif, Harriet Findlay & Ellie Thompson

Switalskis—Naila Arif, Harriet Findlay & Ellie Thompson

Firm awards training contracts to paralegals through internal programme

Ward Hadaway—Matthew Morton

Ward Hadaway—Matthew Morton

Private client disputes specialist joins commercial litigation team

Thomson Hayton Winkley—Nina Hood

Thomson Hayton Winkley—Nina Hood

Cumbria firm appoints new head of residential property

NEWS
Freezing orders in divorce proceedings can unexpectedly ensnare third parties and disrupt businesses. In NLJ this week, Lucy James of Trowers & Hamlins explains how these orders—dubbed a ‘nuclear weapon’—preserve assets but can extend far beyond spouses to companies and business partners 
A Court of Appeal ruling has clarified that ‘rent’ must be monetary—excluding tenants paid in labour from statutory protection. In this week's NLJ, James Naylor explains Garraway v Phillips, where a tenant worked two days a week instead of paying rent
Three men wrongly imprisoned for a combined 77 years have been released—yet received ‘not a penny’ in compensation, exposing deep flaws in the justice system. Writing in NLJ this week, Dr Jon Robins reports on Justin Plummer, Oliver Campbell and Peter Sullivan, whose convictions collapsed amid discredited forensics, ‘oppressive’ police interviews and unreliable ‘cell confessions’
A quiet month for employment cases still delivers key legal clarifications. In his latest Employment Law Brief for NLJ, Ian Smith reports that whistleblowing protection remains intact even where disclosures are partly self-serving, provided the worker reasonably believes they serve the ‘public interest’ 
Family law must shift from conflict-driven litigation to child-centred problem-solving, according to a major new report. Writing in NLJ this week, Caroline Bowden of Anthony Gold outlines findings showing overwhelming support for reform, with 92% agreeing lawyers owe duties to children as well as clients
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