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11 November 2016 / Dr Chris Pamplin
Issue: 7722 / Categories: Features , Expert Witness , Profession
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Trading standards

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Chris Pamplin looks at how greater exposure to litigants in person is also exposing expert witnesses to consumer law

Until recently, it was rare for an expert witness to contract direct with a litigant. Indeed, having a lawyer as a buffer between you and the litigant is generally a very good thing, not least when your independence leads you to express opinions the litigant doesn’t like. However, the savage cuts in public funding and restrictions on cost recovery mean that courts are seeing a massive increase in the number of litigants in person. As a consequence, more experts are being asked to work direct with “consumers”, and it opens a whole new can of worms.

Consumer law landscape

The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 (SI 2013/3134) (CCR 2013) and the Consumer Rights Act 2015 (CRA 2015) have ushered in some significant changes to the law in relation to consumer contracts for the supply of goods and services. Experts who are instructed by litigants in person, and create contracts with them, need to be aware of the new consumer law landscape.

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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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