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Going up a gear

22 October 2009 / Mark Solon
Issue: 7390 / Categories: Features , Profession , Technology
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Will a stricter regime for experts mark the end of forum shopping & increase the level of professionalism? Mark Solon reports

New rules introduced this month require all expert witnesses in civil courts to state they are aware of the legal rules that relate to them. Many experts are unaware of the changes, however, if they do not follow the new regime, their evidence may not be acceptable in court.

Experts have always needed to know their subject area and their duty to the court, but the recent changes to the Civil Procedure Rules (CPR) have gone a step further. From 1 October, experts will have to include in their reports a statement confirming their awareness of all relevant court rules.

This key change was introduced to address the view that many experts have failed to comply with the existing rules. Solicitors will now need to look for evidence that an expert has an understanding of CPR Pt 35 (Practice Direction and Protocol). It is also likely that if cases go to

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Hugh James—Phil Edwards

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NEWS
Ceri Morgan, knowledge counsel at Herbert Smith Freehills Kramer LLP, analyses the Supreme Court’s landmark decision in Johnson v FirstRand Bank Ltd, which reshapes the law of fiduciary relationships and common law bribery
The boundaries of media access in family law are scrutinised by Nicholas Dobson in NLJ this week
Reflecting on personal experience, Professor Graham Zellick KC, Senior Master of the Bench and former Reader of the Middle Temple, questions the unchecked power of parliamentary privilege
Geoff Dover, managing director at Heirloom Fair Legal, sets out a blueprint for ethical litigation funding in the wake of high-profile law firm collapses
James Grice, head of innovation and AI at Lawfront, explores how artificial intelligence is transforming the legal sector
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