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This Checklist should be considered in conjunction with Practice Note: Instructing an expert Precedent: Letter of instruction to own expert (with drafting notes) Civil Justice Council Guidance for the instruction of experts in civil claims (from 1 December 2014) This Checklist assumes Proceedings have begun and permission to adduce expert evidence under CPR 35.4 is in place The expert is a witness (not an adviser), is not a single joint expert, and exchange is simultaneous Fees are not contingent and the party is not publicly funded Core confirmations Adherence to CPR 35, PD 35 and the Guidance; independence, impartiality and proportionality; no conflict Operate only within expertise and acknowledge limits; understand sanctions and liabilities Timetable is realistic; immediate notice of any revised opinion; collaborate on questions, meetings, joint statements and hearings Data protection issues The expert has considered the UK GDPR and the Data Protection...
In this issue: Intellectual property Medical devices Pharmaceuticals—regulatory framework Borderline products Commercialisation Advertising of medicines LexTalk®Life Sciences: a Lexis®Nexis community Daily and weekly news alerts New and updated content Trackers Useful information Intellectual property Chris Weekes, Technical Assistant at D Young & Co, reviews a landmark ruling on infringement of a second medical use patent, indicating how the Unified Patent Court (UPC) may handle such claims. See News Analysis: First UPC infringement decision for second medical use claims. Medical devices MLex reports that the European Commission is weighing a delay to the EU AI Act entering into application amid disputes over a code of practice for AI models, mounting industry resistance, and slippage in drafting technical standards. The move, still unconfirmed, could pause enforcement timelines to allow targeted amendments aimed at simplifying specific elements. See News Analysis: EU Commission eyes pausing AI Act’s entry into application...
In this issue: Intellectual property Pharmaceutical—regulatory framework Research and development Competition in life sciences Daily and weekly news alerts New and updated content Dates for your diary Trackers Useful information Intellectual property Haemophilia gene therapy patent valid and infringed (Pfizer v uniQure) The Patents Court rejected Pfizer’s attempt to revoke uniQure’s EP(UK) 3,581,650 (EP 650), which claims a “Factor IX polypeptide mutant and a method for its production” and underpins uniQure’s haemophilia therapy, Hemgenix. As a consequence, Pfizer cannot, for now, introduce its gene therapy Beqvez—approved by the EMA on 24 July 2024—in the UK, although it has indicated it will appeal. Pfizer accepted that, if EP 650 stood, it would infringe, but maintained the patent was invalid, alleging the particular amino acid substitution was obvious and devoid of inventive step in light of a single prior art reference. The court placed considerable reliance on secondary evidence reflecting what research groups were actually doing...
In this issue: UK, EU and international regulators and bodies Prudential requirements Risk management and controls Operational resilience Financial crime and sanctions Complaints, compensation and claims management Investigations, enforcement and discipline Regulation of capital markets Sustainable finance and ESG Banks and mutuals Investment funds and asset management Consumer credit, mortgage and home finance Regulation of insurance Payment services and systems Fintech and cryptoassets Regulation of AI in FS Dates for your diary New and updated content Financial Services Enforcement Database Daily and weekly news alerts LexTalk®Financial Services: a Lexis®Nexis community UK, EU and international regulators and bodies ESAs publish spring 2026 joint risk update The three European Supervisory Authorities—the European Banking Authority, the European Insurance and Occupational Pensions Authority, and the European Securities and Markets Authority—have released their Joint Committee spring 2026 update examining risks and vulnerabilities across the EU financial system....
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...
Adducing expert evidence in private law children proceedings This Practice Note addresses the presentation of expert evidence in private law children cases, setting out the statutory framework (in particular Part 25 of the Family Procedure Rules 2010 (FPR 2010) and the associated Practice Directions) and also clarifying who qualifies as an expert. It further explores when such evidence is required, the process for seeking permission and the considerations the court must weigh when deciding that application, together with the commissioning of experts, including use of a single joint expert (SJE), and the arrangements for paying the expert’s fees. It also outlines experts’ obligations and the expectation that they attend court. In addition, it explains the need for any expert in children proceedings to satisfy the relevant national standards for experts. For hands-on guidance on evidence in private law children cases, see Practice Note: Evidence in private law children proceedings. At common law, witnesses are to testify to facts rather than opinions, unless the witness is suitably qualified to give...
This Practice Note This Practice Note sets out key points when appointing an expert under CPR 35 and the Guidance for the instruction of experts in civil claims. It emphasises choosing the right moment to engage an expert, with pointers on matters to weigh up, particularly where instruction is contemplated before issue of the claim form. It also offers practical help on preparing the letter of instruction and any supporting materials. It covers dealings with experts, including questions of privilege. When instructing experts you should have regard to: all pertinent CPR Rules and Practice Directions the Guidance for the instruction of experts in civil claims (“the Guidance”). See Practice Note: under the Guidance for the instruction of experts in civil claims the Practice Direction Pre-Action Conduct and Protocols, para 7, and any other protocol applicable to the claim type any other guidance relevant to their expertise This Practice Note proceeds on the basis that permission to adduce expert evidence...
Private & confidential [ Insert name and address of expert ] [ Insert date ] Dear [ insert name of expert ] [ Insert case heading, eg Ms R Jones v Supermarkets Plc, ET Case Number: 12345 ] Instruction to act as single joint expert Thank you for agreeing to serve as the expert witness in this matter. As noted, you will be appointed as a single joint expert. We represent [ insert name of client ], who is [ bringing OR defending OR an employment tribunal claim against [ insert name of opposing party/parties ]. This letter has been countersigned by the solicitors for [ insert name of opposing party/parties ] to confirm their agreement to the terms set out herein. The purpose of this correspondence is to provide the relevant factual context, supply the key papers, and identify the issues you are asked to consider. As an expert witness, you will be aware of your duties and the need...
1 Introduction This letter serves as a joint instruction addressed to you, as an expert on financial remedy matters arising within divorce proceedings between [ client’s full name ] and [ spouse’s full name ], and is provided for that purpose herein. The instruction is made jointly by [ lead firm preparing letter ], representing [ client’s full name ], together with [ name and address of spouse’s solicitors ], [ telephone number and email of spouse’s solicitors ], acting for [ spouse’s full name ]; your opinion is to be provided independently of both parties at all material times. At the first appointment held on [ date of first appointment ], District Judge [ name ], sitting at the Family Court at [ location ], made the following order: [ insert exact wording from order ]. The parties have consented to your appointment on a joint basis as the single joint expert. The scope of your instructions is defined in the order dated [ date of first appointment...
1 Introduction This letter instructs you to act as the single joint expert in financial remedy proceedings arising from divorce proceedings between [ client’s full name ] and [ spouse’s full name ]. You are jointly instructed by [ lead firm preparing letter ] for [ client’s full name ] and by [ name and address of spouse’s solicitors ], [ telephone number and email of spouse’s solicitors ] on behalf of [ spouse’s full name ], on the basis that your expert opinion will remain independent of both parties. At the First Appointment on [ date of first appointment ], District Judge [ name ], sitting at the Family Court at [ location ], made the following order: [ insert exact wording from order ]. The scope of your instructions is confirmed in the order dated [ date of first appointment order ] and in this letter. 2 Arrangements for preparing the report Should you need to discuss the report, whether on a preliminary basis or...