Seminar Paper – Expert Evidence Now (October 2005, Kate Grange)

Seminar Paper – Expert Evidence Now (October 2005, Kate Grange)


This paper was originally presented at 39 Essex Street in October 2005.

The aim of this talk is to consider the purpose and function of expert evidence in the context of recent developments in this area, together with lessons which can be learned from recent case law.  Of particular importance is the introduction of the following:

  • The new Civil Justice Council Protocol for the Instruction of Experts to Give Evidence in Civil Claims which was introduced on 22nd June 2005 by the Master of the Rolls and came into force on 5th September 2005
  • The new Code of Practice for Experts jointly prepared by The Academy of Experts and the Expert Witness Institute dated June 2005
  • The Second Edition of the TCC Guide which came into effect on 3rd October 2005.

In terms of developments in the case law, I have chosen to focus upon a number of “hot topics” in this area which have proven to be more controversial.  These include:

  • The use of experts at the pre-action stage and the transition into a Court-appointed expert;
  • Privilege;
  • Single Joint Experts;
  • Recent criticisms of experts and lessons to be learned.

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