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03 July 2015 / Mark Solon
Issue: 7659 / Categories: Features , Expert Witness , Profession
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A divided world

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The same but different? Mark Solon discusses the diverse nature of the expert witness world

In his first speech after being appointed justice secretary and lord chancellor, Michael Gove the former newspaper columnist for The Times , decried the fact that there are “two nations in our justice system at present”.

“On the one hand, the wealthy, international class who can choose to settle cases in London with the gold standard of British justice. And then everyone else, who has to put up with a creaking, outdated system to see justice done in their own lives,” he said. And that division seems to apply equally to the work done by expert witnesses. Those instructed on ever decreasing legal aid rates, who often have to comply with increasing procedural and regulatory burdens, are being squeezed; those in the personal injury field are dogged by costs budgeting and tight deadlines; while those involved in big money commercial and other privately-funded cases, where money is often no object, are flourishing.

Two practitioners at polar opposite end of the spectrum provide an insight into their very different worlds.

Expert witness

Kevin

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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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