It is trite law that the court’s permission is required before an expert’s report can be relied upon, replaced or before an expert can be called to give oral evidence (CPR r.35.4). In Avantage (Cheshire) Limited & Others v GB …
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Articles
SUMMARY OF CPR PART 35 BY SECTIONS
Part 35 of the Civil Procedure Rules (CPR) governs expert evidence in civil proceedings in England and Wales. The part is divided into several sections, each of which addresses specific issues related to the use of expert evidence. This article …
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PART 35 OF THE CIVIL PROCEDURE RULES
Part 35 of the Civil Procedure Rules in the United Kingdom deals with expert evidence. In litigation, expert evidence is often necessary to assist the court in understanding complex issues that are outside the expertise of a layperson. This can …
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IMPARTIALITY OF EXPERT WITNESSES
Expert witnesses are often called upon to provide their opinions on technical and complex issues in legal proceedings. The impartiality of expert witnesses is critical to ensure that their opinions are objective and unbiased. Impartiality is especially important because expert …
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Without Prejudice Correspondence
In Jones v Tracey [2023] EWHC 2256 (Ch), Master Marsh held that correspondence between lawyers concerning the possibility of alternative dispute resolution (ADR) is to be regarded as ‘open’, regardless of whether that correspondence is marked ‘without prejudice’. He also refused to …
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THE COSTS OF ABANDONING CAUSES OF ACTION
What is the approach of the court on costs when a party abandons part of its case? This issue recently came before Mr Justice Foxton in Skatteforvaltningen (The Danish Customs and Tax Administration) (“SKAT”) v Solo Capital Partners LLP (In …
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RELIEF FROM SANCTION
The Denton Test and Relief from Sanctions: The Denton Test and Relief from Sanctions: Denton (Denton v TH White [2014] EWCA Civ 906) provides a three-stage test for applications for relief from sanctions: In a recent case, Khandanpour (Khandanpour v …
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INDEMNITY COSTS AND UNREASONABLE LITIGATION BEHAVIOUR
Masood Ahmed, University of Leicester and Lal Akhter, Docket Live & Med Chambers, Leicester In civil litigation, costs will either be assessed on the standard basis or the indemnity basis; the default position is the standard basis. A court may, …
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Christmas and New Year courts and tribunals opening times 2022
Ministry of Justice has published court holidays. Details of courts and tribunals opening times over the Christmas and New Year bank holidays can found here: Ministry of Justice has published court holidays. Details of courts and tribunals opening times over …
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