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Litigation & Dispute Resolution
Civil Procedure
CPD Points:
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Regulated by the Solicitors Regulation Authority:
Listen and pass the quiz: Gain 1 CPD point (60 minutes)
Listen only, gain ½ a CPD point (30 minutes)

Regulated by the Bar Standards Board:
Listen and pass the quiz: Gain 1 accredited CPD point (60 minutes)

Regulated by ILEX:
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Listen only, gain ½ a CPD point (30 minutes)

  • FREE
30 minutes of audio
(+ optional 5 minute online quiz)
Plays on Computer:
Yes Downloadable as MP3:    Yes
Course Aims:

This podcast aims to address 6 difficult areas that practitioners may encounter when preparing expert evidence for trial in commercial and construction disputes:

  • Engaging experts on a contingency basis
  • Using employees as expert witnesses
  • Dealing with conflicts of interest and independence
  • The status of a draft report
  • Changing experts
  • Common pitfalls when dealing with expert witnesses
After completing the course you will:
  • Understand how to deal with a question from a client about paying for an expert witness on a contingency basis;
  • Be aware of how to deal with issues of independence if a client wishes to use an expert who is also an employee;
  • Know how to deal with conflicts of interest with an expert wintess;
  • Know the status of a draft report and the rules on admissibility;
  • Know what conditions may be imposed if you change your expert;
  • Be aware of the key pitfalls when dealing with an expert and how to avoid them.
General Interest Difficulty: 2 of 5
Case Update
Legal Principles
Panel Discussion
Practical Guide
Sources and References:
  • CPR Part 35;
  • CPR Part 35 PD + Protocol;
  • TCC Court Guide;
  • Admiralty & Commercial Court Guide;
  • Hamilton v Al Fayed (No 2) [2003] QB 1175;
  • R (Factortame Ltd and others) v Secretary of State for Transport, Local Government and the Regions (No 8) [2002] EWCA Civ 932;
  • Mansell v Robinson [2007] EWHC 101 (QB);
  • Field v Leeds City Council - [1999] All ER (D) 1406;
  • Armchair Passenger Transport v Helical Bar [2003] EWHC 367 (QB);
  • Gallaher International Ltd v Tlais Enterprises Ltd [2007] EWHC 4604 (Comm); [2007] EWHC 527 (Comm); [2008] EWHC 804 (Comm);
  • Toth v Jarman. [2006] EWCA Civ 1028 (CA);
  • Morgan & Anor v Hinton Organics (Wessex) Ltd [2009] EWCA Civ 107;
  • Jackson v Marley Davenport Ltd [2004] EWCA Civ 1225;
  • Stallwood v David & Anor [2006] EWHC 2600 (QB);
  • Beck v Ministry of Defence [2003] EWCA Civ 1043;
  • Vasiliou v Hajigeorgiou [2005] EWCA Civ 236.

In this podcast, barristers Kate Grange and Marion Smith discuss some of the common issues encountered by practitioners when preparing expert evidence before trial. It will provide practical guidance based on the case law and CPR.

Podcast added: xx/10/10

Podcast last reviewed: 2011-04-26

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