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Expert evidence in the civil justice system remains a controversial
area, and one which continues to develop in the context of the
changes in civil litigation brought about by the Woolf reforms. In
June 2005 the Civil Justice Council's Protocol for the Instruction
of Experts was launched to provide guidance to legal professionals
and those acting as experts. The recent disciplinary case taken
against Sir Roy Meadow by the General Medical Council relating to
his expert evidence in a criminal trial - while not directly a
civil matter - served to highlight a number of the key problems
faced by experts in giving opinion evidence to courts. This new
title is a comprehensive guide and reference book for all who are
concerned with the quality of expert evidence in the courts. The
text focuses on civil practice and looks in detail at the impact of
the Civil Procedure Rules on expert evidence. It concentrates on
the practical aspects of having experts give evidence, and looks at
areas which have caused particular confusion, or on which case law
is gradually emerging. Coverage will include the accreditation of
experts, the litigant solicitor/expert witness relationship,
experts' reports and privilege, court management of expert
evidence, the single joint expert, and experts' immunity from
liability. The book also includes an illustrative account of one
expert's experience in a complex class action relating to a
pharmaceutical product. In addition to practical guidance, the book
also provides a historical background to expert testimony and
discusses the future development of the law, with reference to
developments in the courts and other tribunals. Written by a team
of leading practitioners, many of whom were members of the Working
Party on the Code of Guidance for Expert Evidence, the book is an
authoritative first port-of-call for civil litigation practitioners
who use experts or come across them regularly in their work, the
judiciary, and for experts themselves.
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