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12 September 2014
Issue: 7621 / Categories: Features , Civil way , Procedure & practice
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Civil way: 12 September 2014

No cracking & hot-tubbing; intestacy law & Inheritance Act reforms & a lowdown on the update

“CALM DOWN DEAR”

New guidance on the instruction of experts in civil cases has just been published by the Civil Justice Council and then republished in revised form. However, do not panic because it will not come formally into force until this autumn when it will replace the protocol on experts which currently forms part of CPR PD35.

The guidance, like PD35, usefully points out that while permission from the court to rely on an expert or call them to give oral evidence is required, an expert can generally be instructed by a party without any permission. Nevertheless, many practitioners habitually go after court permission to instruct. And as to what is actually new:

  • a section on sequential exchange of reports suggesting that in this situation the defendant’s report should usually be produced in response to the claimant’s report;
  • where a solicitor sends additional documents to an expert before finalising of their report, the expert is to be told whether any witness statements or expert reports sent are updated
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MOVERS & SHAKERS

Hogan Lovells—Lisa Quelch

Hogan Lovells—Lisa Quelch

Partner hire strengthens global infrastructure and energy financing practice

Sherrards—Jan Kunstyr

Sherrards—Jan Kunstyr

Legal director bolsters international expertise in dispute resolution team

Muckle LLP—Stacey Brown

Muckle LLP—Stacey Brown

Corporate governance and company law specialist joins the team

NEWS

NOTICE UNDER THE TRUSTEE ACT 1925

HERBERT SMITH STAFF PENSION SCHEME (THE “SCHEME”)

NOTICE TO CREDITORS AND BENEFICIARIES UNDER SECTION 27 OF THE TRUSTEE ACT 1925
Law firm HFW is offering clients lawyers on call for dawn raids, sanctions issues and other regulatory emergencies
From gender-critical speech to notice periods and incapability dismissals, employment law continues to turn on fine distinctions. In his latest employment law brief for NLJ, Ian Smith of Norwich Law School reviews a cluster of recent decisions, led by Bailey v Stonewall, where the Court of Appeal clarified the limits of third-party liability under the Equality Act
Non-molestation orders are meant to be the frontline defence against domestic abuse, yet their enforcement often falls short. Writing in NLJ this week, Jeni Kavanagh, Jessica Mortimer and Oliver Kavanagh analyse why the criminalisation of breach has failed to deliver consistent protection
Assisted dying remains one of the most fraught fault lines in English law, where compassion and criminal liability sit uncomfortably close. Writing in NLJ this week, Julie Gowland and Barny Croft of Birketts examine how acts motivated by care—booking travel, completing paperwork, or offering emotional support—can still fall within the wide reach of the Suicide Act 1961
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