Articles
This is a two day course designed to give the Expert Witness a working knowledge of structure of the legal system which he or she will be working in as well as the rules and procedures which must be complied with.
CPR Protocol
The CPR Protocol for Expertsappears not widely used by Experts although it contains much to assist them. These practical aspects will be discussed along with the 'good practice' implications for criminal work.
Practical issues
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Overviews of both CPR and CrPR.
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Comparing CPR to CrPR - the similarities and the differences
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CPR Protocol for Experts
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Fast track dangers
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Multi track problems
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Applying to the court for directions
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Fee capping
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Court estimates
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Dealing with written questions
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Ethical dilemmas
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Expert adviser
The Single Joint Expert
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Appointment
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The Report
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Cross examination
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Instructions
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Getting paid
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Some Criminal problems
An Introduction to 'Lawyer Speak'
Law is for Lawyers! Experts, Mediators and others need to avoid the temptation to (think) they are ‘knowledgeable in the law’.
However, if the Expert does not understand the basics, for example ‘what is negligence’, it is difficult for them to perform to the high standards required. Mediators and ADR neutrals have another problem. How can they help a party to evaluate his own position in relation to alternatives if the mediator does not understand the legal environment. This course is designed to give you what you need - and no more!
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Basis of Common Law
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Criminal, Tort & Contract
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Types of Court
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Arbitral and other tribunals
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Rules that affect Experts
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Costs
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Definitions of common terms
Why attend?
The Civil Procedure Rules (CPR) and the new Criminal Procedure Rules (CrPR) effect all Experts whatever their field of expertise. This is a practical course through the minefield.The majority of the Rules do not directly affect Experts. Most which do affect the Expert are in CPR Rule 35 and CrPR Rule 33, however, there are others in both the CPR and CrPR which concern the Expert and his work. The Civil and Criminal Rules appear to be alike but there are substantial differences - these will be identified and their impact discussed.
The Role of the Single Joint Expert has been introduced into the Criminal Rules but there are differences between CrPR and CPR. These will be examined in detail so that participants on the course will have a clear understanding of their role and the problems that SJEs are facing.
