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NLJ this week: Expert fare—instructions overseas, waivers of privilege & scrutiny of businesses

21 June 2024
Issue: 8076 / Categories: Legal News , Profession , Expert Witness , International , Commercial , Privilege
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NLJ presents an expert witness special in this week’s issue, covering a range of issues of interest to experts and those who hire them or are involved in matters where experts are hired

First up, forensic accountant Rakesh Kapila, principal at Sim Kapila, Chartered Accountants, advises that expert accountants should always check the reliability of evidence in disputes involving businesses. Kapila offers advice on scrutiny and corroboration, including avoiding ‘seeking irrelevant information through “fishing expeditions”’.

Next, Dr Chris Pamplin, editor of the UK Register of Expert Witnesses, explains why the rules governing the waiver of privilege over instructions to experts is frequently misunderstood. He highlights that ‘legal professional privilege is a jealously guarded concept, and the court will, in most cases, be reluctant to order disclosure.’ Pamplin covers relevant caselaw on mistaken disclosure.

Completing the expert special, Mark Solon, chairman, Wilmington Legal, and founder, Bond Solon, presents a checklist on how to direct experts instructed in overseas cases. Solon’s article is jam-packed with useful advice. He advises careful consideration of the terms and conditions, insurance, timetabling, language and procedure in the destination jurisdiction, required format of the report, and much more.

MOVERS & SHAKERS

Freeths—Ruth Clare

Freeths—Ruth Clare

National real estate team bolstered by partner hire in Manchester

Farrer & Co—Claire Gordon

Farrer & Co—Claire Gordon

Partner appointed head of family team

mfg Solicitors—Neil Harrison

mfg Solicitors—Neil Harrison

Firm strengthens agriculture and rural affairs team with partner return

NEWS
Conveyancing lawyers have enjoyed a rapid win after campaigning against UK Finance’s decision to charge for access to the Mortgage Lenders’ Handbook
The Crown Prosecution Service (CPS) has launched a recruitment drive for talented early career and more senior barristers and solicitors
Regulators differed in the clarity and consistency of their post-Mazur advice and guidance, according to an interim report by the Legal Services Board (LSB)
The Solicitors Act 1974 may still underpin legal regulation, but its age is increasingly showing. Writing in NLJ this week, Victoria Morrison-Hughes of the Association of Costs Lawyers argues that the Act is ‘out of step with modern consumer law’ and actively deters fairness
A Competition Appeal Tribunal (CAT) ruling has reopened debate on the availability of ‘user damages’ in competition claims. Writing in NLJ this week, Edward Nyman of Hausfeld explains how the CAT allowed Dr Liza Lovdahl Gormsen’s alternative damages case against Meta to proceed, rejecting arguments that such damages are barred in competition law
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