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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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MOVERS & SHAKERS

Jurit LLP—Caroline Williams

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

Freeths—Michelle Kirkland Elias

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Flint Bishop—Deborah Niven

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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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