What does Concurrent expert evidence mean? Concurrent expert evidence (also known as hot‑tubbing) is a way of taking expert evidence in which both sides’ experts give evidence together in a judge‑led, issue‑by‑issue discussion. Rather than sequential examination and cross‑examination, the judge (or tribunal) identifies the topics in dispute, asks the same question of each expert in turn, and invites direct comment by one expert on the other’s answers. counsel may put supplementary questions, and the court may still permit targeted cross‑examination afterwards. It is a case‑management technique rather than a statutory term. In England and Wales it is recognised in civil procedure and court guides; comparable...
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NOTE: This Practice Note provides a summary of the amendment to CPR 35.4 that took effect on 1 April 2014. It does not address developments since that date and is, therefore, not maintained.
Lord Justice Jackson identified expert evidence as an area where litigation costs could be markedly reduced. He noted that if expert reports are longer than necessary, dwell at length on issues that are irrelevant or at best peripheral, or include topics which ought not to be covered at all, it is self-evident that the costs will rise to no useful purpose. Such excess serves no beneficial end and merely inflates expenditure...
When evaluating a general damages claim, the practitioner ought initially to refer to the Judicial College Guidelines (JCG)...
This Practice Note This Practice Note reviews mechanisms used in settling litigation. A Tomlin order consists of a consent order paired with a schedule. It operates to stay proceedings on terms that have been agreed. The provisions contained in the schedule may remain confidential. This Practice Note describes the scope of confidentiality attaching to the schedule and sets out how it differs from a standard consent order. Sample wording for a Tomlin order is included, alongside links to precedents, as well as guidance on court approval. It also addresses varying, setting aside and enforcing a Tomlin order, including the considerations the court will take into account when handling applications for each. Further guidance is provided on interpreting and applying the relevant provisions of the CPR; however, some courts and divisions impose very specific requirements for both drafting and approval, and for approaching the schedule and confidentiality issues. Accordingly, you must consider the particular rules and court guide provisions in the forum where your claim is proceeding when drawing up the Tomlin order...
Date [ date ] Parties [ name of Landlord ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Landlord) [ name of Tenant ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Tenant) [ [ name of Guarantor ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Guarantor) ] [ [ name of Mortgagee ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Mortgagee) ] Definitions Within this Deed, the terms below shall be interpreted as follows: [ Annual Rent • the annual sum reserved under the Lease; ] [ Insurance Rent • the Tenant’s share of the Landlord’s costs of insuring the Property (as set out in the Lease); ] Lease • the lease of the Property dated [ date ], entered into between (1) [ the Landlord OR [ name ...
I, [ name ], of [ address ], solemnly and sincerely state that: [ Matters to be verified, set out in numbered paragraphs ] I make this solemn statement in good conscience, believing it to be true, and pursuant to the provisions of the Statutory Declarations Act 1835. DECLARED at [ details ] this [ day ] day of [ month and year ] Before me ................................................................................ [ signature of the person before whom the declaration is made ] A [ commissioner for oaths OR [ solicitor OR [ insert other qualification ] ] authorised to administer oaths ]...