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27 February 2015 / Dr Chris Pamplin
Issue: 7642 / Categories: Features , Expert Witness
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Compare & contrast (Pt 2)

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Dr Chris Pamplin continues his exploration of the new guidance for experts

As we covered in the first part of this short series, Guidance for the instruction of experts in civil claims, the update to the 2007 Protocol for the Instruction of Experts to give Evidence in Civil Claimsleaves much of the original guidance in place but adds some new material in areas that have changed, or been introduced, since 2007 (see “Compare & contrast (Pt 1)”, NLJ, 23 January 2015, pp 19-20). This second article continues to work through the new guidance.

  • References in the form (para 1) represent the paragraph number in the new guidance.
  • New material is in bold.

Single joint experts

The standing assumption on using single joint experts (SJEs) in small claims and fast-track cases remains (para 34), with the aim being to agree or narrow issues that are not contentious (para 35). The redeployment of a party-appointed expert as an SJE requires full disclosure of the expert’s prior involvement in the case (para 36). The ability to appoint party experts to “shadow”

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