Experts: Part 35 and the joint statement

Christopher Sharp QC highlights the need for experts to be fully instructed ‘It was important that all experts and all legal advisers should understand what is and what is not permissible as regards the preparation of joint statements.’ A group of recent cases has revealed some worrying aspects of how experts, and their instructing lawyers, …
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Case Report: Guntrip v Cheney Coaches Ltd [2012] EWCA Civ 392

Case management; appeal; limiting expert evidence ‘Prior to the CPR, experts were effectively part of a party’s legal team – the experts did not meet and this situation would rarely arise. Furthermore, prior to CPR 35.4(1) parties were free to call as many experts as they wished.’ In this case, Lord Justice Lewison, with unanimous …
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Review: A year in the life

Mark Fowles looks back at the year’s important personal injury cases ‘English law has always been nervous about dealing with issues of causation The modern test is a test of policy. The first test is predominantly factual. The second gathers up much of the traditional language that lawyers use in attempting to set a limit …
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Experts Update: Roles and responsibilities

Julie Gattegno and Jane Turley assess expert immunity and expert determinations following two recent rulings ‘The fact that expert witnesses can now be subject to a claim in negligence should mean better quality advice, with experts ensuring they give well thought out opinions.’A person who is an expert in their field can assume the role …
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Update: Hot off the press

Anna Pertoldi and Maura McIntosh contemplate some recent decisions with practical implications for various aspects of litigation including privilege, expert witnesses, and Part 36 offers ‘The dividing line between circumstances where litigation is reasonably in prospect and where it is merely a possibility is not always clear.’A xa Seguros SA De CV v Allianz Insurance …
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PI Blog: Advocate’s advice

Bill Braithwaite QC gives an invaluable insight into current litigation trends ‘Personal injury lawyers could create their own system of dispute resolution. However, I’m quite sure that it could only be done with goodwill on both sides, and my feeling is that it is only just developing to the stage where true co-operation is practical.’ …
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Expert Witnesses: Clamping down

Giles Eyre looks at keeping expert witnesses up to the mark ‘In Jones v Kaney, the Supreme Court, by a majority of 5:2, overturned 400 years of established law in removing the immunity of expert witnesses.’ For as long as any of us can remember, if in the course of personal injury or clinical negligence …
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Expert Evidence: Nowhere to hide

Gary Lawrenson considers the impact of Jones v Kaney ‘In the Supreme Court, the majority decision, led by Lord Phillips, removed experts’ immunity against claims by their clients. Experts can now be sued for breach of contract or professional negligence in relation to their participation in legal proceedings.’In Jones v Kaney [2011] the Supreme Court …
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PI Blog: Advocare’s advice

In the first of a regular feature, Bill Braithwaite QC provides tactical advice on all the ‘hot topics’ ‘Selection of experts is one of the most important aspects of major personal injury claims. Good experts win cases, bad ones lose them.’ Experts are the flavour of the month. I recently came across a decision in …
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Expert Witnesses: The Supreme Court abolishes immunity

Alexandra Anderson reviews the judgment in Jones v Kaney, and its implications for professional experts and their insurers ‘It was common ground that, if the immunity was to be effective, it must apply to views expressed not only in court, but in contemplation of, or at least preparation for, possible court proceedings.’Last week the Supreme …
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