Will a stricter regime for experts mark the end of forum shopping & increase the level of professionalism? Mark Solon reports
New rules introduced this month require all expert witnesses in civil courts to state they are aware of the legal rules that relate to them. Many experts are unaware of the changes, however, if they do not follow the new regime, their evidence may not be acceptable in court.
Experts have always needed to know their subject area and their duty to the court, but the recent changes to the Civil Procedure Rules (CPR) have gone a step further. From 1 October, experts will have to include in their reports a statement confirming their awareness of all relevant court rules.
This key change was introduced to address the view that many experts have failed to comply with the existing rules. Solicitors will now need to look for evidence that an expert has an understanding of CPR Pt 35 (Practice Direction and Protocol). It is also likely that if cases go to court, experts could be cross-examined about their knowledge.
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