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02 June 2017 / James Stanbury
Issue: 7748 / Categories: Features , Expert Witness , Profession
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Pulling together

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Working together makes the expert/instructing solicitor relationship stronger, as James Stanbury explains

In any expert process, there are various key stages for an expert, but I want to focus on just four: selection, instruction, reports and meetings.

Selection

There is a continuing debate over the type of expert that should be used on a case. For an instructing solicitor, it is clearly important to choose the right expert, who has experience relevant to the case. The question arises, in some cases, whether it is better to appoint an industry expert or a “professional” expert. It can and does happen in my field of forensic accounting. Take, for example, a claim for loss of profit from a fire or flood at a hotel: should a hotel expert, who has worked in the industry, be appointed or a professional accounting expert who has experience of dealing with economic damages claims from hotels over many years?

Of course, expert requirements turn on the facts of a case and the balance of choice can be difficult and opens up the question of ‘what makes someone an expert?’ If industry experts

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NEWS
A series of recent decisions has clarified important principles across property law, from perpetuities to lease renewals and public rights over land
Employers cannot rely on wellbeing services alone to defend workplace stress claims after a High Court decision awarding almost £1m to an overworked employee
Andy Burnham's brand of 'Manchesterism' could offer fresh thinking on legal aid and access to justice if it reaches Westminster, according to Roger Smith, NLJ columnist and former director of JUSTICE
The constitutional fallout from a change of prime minister, rather than the politics, is under scrutiny as questions arise over the limits of executive authority in a leadership transition
The legal profession is undergoing a fundamental shift from selling services to creating technology-enabled products, according to Professor Luke Mason, Head of School of Law at Regent's University London
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