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28 October 2010 / Mark Solon
Issue: 7439 / Categories: Features , Expert Witness , Profession , CPR
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Expert assessment

How much do your experts know about the Civil Procedure Rules? Mark Solon investigates

It is the nightmare of every litigator to watch their expert cross examined and the expert revealing a lack of knowledge in their professional field. The credibility of the expert is demolished with potential catastrophic consequences for the case.

Knowledge

I have discussed in previous articles the necessity for careful selection of all experts and then making sure the expert really does have the right qualifications and experience for the issues in question.
However, since October last year, experts are also required to know the Civil Procedure Rules.

The Rules state that all experts’ reports must contain a statement that experts “are aware of the requirements of Pt 35 and Practice Direction 35, this protocol [the Protocol for the Instruction of Experts to Give Evidence in Civil Claims] and the practice direction on pre-action conduct”.

The Rules also state that: “Those intending to instruct experts to give or prepare evidence for the purpose of civil proceedings should consider whether expert evidence is appropriate, taking account of the principles

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MOVERS & SHAKERS

Anthony Collins—20 promotions

Anthony Collins—20 promotions

20 promotions mark major people investment at national law firm, Anthony Collins

Sidley—Elaine Whiteford

Sidley—Elaine Whiteford

Sidley adds competition litigator Elaine Whiteford in London

Charles Russell Speechlys—Claudina D’Costa

Charles Russell Speechlys—Claudina D’Costa

Charles Russell Speechlys welcomes Claudina D’Costa as Director of Client Development Marketing

NEWS
The 25th Pro Bono Week begins today until 6 November, with events hosted by law firms, chambers, law schools and charities across the UK
Pro bono is celebrating a silver anniversary, with initiatives putting businesses and students at the heart of access to justice
Choosing the wrong expert can cost a clinical negligence claimant more than their case
Judges risk weakening their own independence by staying silent over government reforms, a leading public lawyer argues
A discount on damages does not automatically mean an equivalent haircut for legal costs in military deafness claims
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