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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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MOVERS & SHAKERS

Jurit LLP—Caroline Williams

Jurit LLP—Caroline Williams

Private wealth and tax team welcomes cross-border specialist as consultant

Freeths—Michelle Kirkland Elias

Freeths—Michelle Kirkland Elias

International hospitality and leisure specialist joins corporate team as partner

Flint Bishop—Deborah Niven

Flint Bishop—Deborah Niven

Firm appoints head of intellectual property to drive northern growth

NEWS
Talk of a reserved ‘Welsh seat’ on the Supreme Court is misplaced. In NLJ this week, Professor Graham Zellick KC explains that the Constitutional Reform Act treats ‘England and Wales’ as one jurisdiction, with no statutory Welsh slot
The government’s plan to curb jury trials has sparked ‘jury furore’. Writing in NLJ this week, David Locke, partner at Hill Dickinson, says the rationale is ‘grossly inadequate’
A year after the $1.5bn Bybit heist, crypto fraud is booming—but so is recovery. Writing in NLJ this week, Neil Holloway, founder and CEO of M2 Recovery, warns that scams hit at least $14bn in 2025, fuelled by ‘pig butchering’ cons and AI deepfakes
After Woodcock confirmed no general duty to warn, debate turns to the criminal law. Writing in NLJ this week, Charles Davey of The Barrister Group urges revival of misprision or a modern equivalent
Family courts are tightening control of expert evidence. Writing in NLJ this week, Dr Chris Pamplin says there is ‘no automatic right’ to call experts; attendance must be ‘necessary in the interests of justice’ under FPR Pt 25
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