Concurrent expert evidence meaning

The duty of the expert witness The litigation process is usually regulated by strict procedural rules in each jurisdiction, which often outline an expert’s role and obligations. In England, for example, experts are addressed in the Civil Procedure Rules, Part 35 (CPR 35). These provisions set out, among other things, how experts are appointed, the expert’s duty, and the required structure and substance of an expert report. CPR 35 further requires the expert to include in his or her report a statement confirming independence. It makes clear that an expert’s role is to assist the court on matters within their expertise, and that this paramount duty takes precedence over any duty owed to the instructor or the party funding the engagement. By contrast, in arbitration there is generally no specific regulatory framework for experts within most institutional procedure rules. The rulebooks of the International Chamber of Commerce, the London Court of International Arbitration, the United Nations Commission on International Trade Law and the International Centre for Settlement of...

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This Practice Note introduces key procedural features of the Civil Procedure Rules 1998 (CPR), SI 1998/3132, as they relate to claims under the Trusts of Land and Appointment of Trustees Act 1996 (TOLATA 1996). The same provisions apply whether proceedings are issued under CPR Part 7 or CPR Part 8; see Practice Note: TOLATA 1996—when to use Part 7 and when to use Part 8. See also Practice Notes: TOLATA 1996—pre-action matters; TOLATA 1996—when to issue in the County Court and when to issue in the High Court; and TOLATA 1996—Part 36 offers. For practical guidance on the court’s approach to TOLATA 1996 claims, see Practice Note: Case law relating to TOLATA 1996 claims and Precedent: Specimen final orders under the Trusts of Land and Appointment of Trustees Act 1996. Costs budgeting Disclosure and inspection Witness statements Expert evidence Costs budgeting Costs budgeting forms part of the court’s duty to regulate costs. Its purpose is to enable the court to...

Key evidence and disclosure decisions 2016—what do you need to know? ARCHIVED: This Practice Note is no longer maintained and is provided for background only. In addition, some links may not take you to the provisions as they were at the time this guidance was issued. In 2016 there were, among other matters, developments relating to: predictive coding—see below disclosure of confidential information—see below without prejudice communications—see below the court’s duty to scrutinise evidence—see below privilege—see below use of interim witness statements at trial—see below concurrent expert evidence—see below Predictive coding In Pyrrho Investments v MWB Property, the court endorsed, for the first time, the use of predictive coding technology during disclosure. It highlighted the advantages of the approach and set out considerations for deciding whether the software is appropriate in a particular case. Soon after, the Chancery Division in David Brown v BCA Trading again directed the use of predictive coding, this time despite...

Clinical negligence claims involving A&E treatment An introduction to accident and emergency (A&E) medicine Accident and emergency medicine is widely seen as the NHS’s frontline, where clinicians provide rapid assessment and care for people with severe, life‑threatening illness or injury. This speciality calls for extensive knowledge and practical ability to prevent, diagnose and manage acute, urgent problems across all ages, often complicated by concurrent or pre‑existing conditions. Patients frequently present with minimal background details, relying largely on information gathered from conversation, which makes diagnosis particularly demanding. The central challenge is to deliver swift, appropriate care in those first critical hours. Emergency physicians must possess the expertise to form a working diagnosis, start treatment immediately and, when needed, refer patients to the right specialists. Many develop subspecialist interests that add depth to emergency care, such as paediatric emergencies, acute medical emergencies and trauma. The breadth of cover required in A&E medicine is reflected in the personnel...