What does Single joint expert mean? An independent expert jointly instructed by opposing parties to give opinion evidence on a disputed technical or valuation issue in court or tribunal proceedings. Common in civil litigation and family cases. The court may direct that evidence be given by a single joint expert (expressly provided for in the Civil Procedure Rules and Family Procedure Rules in England and Wales), with similar practice encouraged in Scotland and Northern Ireland; in Ireland the approach is used by agreement and case management though terminology varies. The expert owes an overriding duty to the court, not to the parties. One report is prepared...
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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 order ] and reiterated in this letter...
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 ]...