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21 June 2024
Issue: 8076 / Categories: Legal News , Profession , Expert Witness , International , Commercial , Privilege
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NLJ this week: Expert fare—instructions overseas, waivers of privilege & scrutiny of businesses

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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

Bellevue Law—Lianne Craig

Bellevue Law—Lianne Craig

Workplace law firm expands commercial disputes team with senior consultant hire

EIP—Rob Barker

EIP—Rob Barker

IP firm promotes patent attorney to partner

Muckle LLP—Ryan Butler

Muckle LLP—Ryan Butler

Banking and restructuring team bolstered by insolvency specialist

NEWS
A High Court ruling involving the Longleat estate has exposed the fault line between modern family building and historic trust drafting. Writing in NLJ this week, Charlotte Coyle, director and family law expert at Freeths, examines Cator v Thynn [2026] EWHC 209 (Ch), where trustees sought approval to modernise trusts that retain pre-1970 definitions of ‘child’, ‘grandchild’ and ‘issue’
Fresh proposals to criminalise ‘nudification’ apps, prioritise cyberflashing and non-consensual intimate images, and even ban under-16s from social media have reignited debate over whether the Online Safety Act 2023 (OSA 2023) is fit for purpose. Writing in NLJ this week, Alexander Brown, head of technology, media and telecommunications, and Alexandra Webster, managing associate, Simmons & Simmons, caution against reactive law-making that could undermine the Act’s ‘risk-based and outcomes-focused’ design
Recent allegations surrounding Peter Mandelson and Andrew Mountbatten-Windsor have reignited scrutiny of the ancient common law offence of misconduct in public office. Writing in NLJ this week, Simon Parsons, teaching fellow at Bath Spa University, asks whether their conduct could clear a notoriously high legal hurdle
A landmark ruling has reshaped child clinical negligence claims. Writing in NLJ this week, Jodi Newton, head of birth and paediatric negligence at Osbornes Law, explains how the Supreme Court in CCC v Sheffield Teaching Hospitals NHS Foundation Trust [2026] UKSC 5 has overturned Croke v Wiseman, ending the long-standing bar on children recovering ‘lost years’ earnings
A Court of Appeal ruling has drawn a firm line under party autonomy in arbitration. Writing in NLJ this week, Masood Ahmed, associate professor at the University of Leicester, analyses Gluck v Endzweig [2026] EWCA Civ 145, where a clause allowing arbitrators to amend an award ‘at any time’ was held incompatible with the Arbitration Act 1996
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