22 July News Referral of Release Decisions Consultation: proposed amendments to CPR Part 77 and Practice Direction 77 CPR, Civil Procedure Rules, Parole Referral Power The Civil Procedure Rule Committee ('Committee') is consulting on proposed amendments to the Civil Procedure Rules Part 77 and the Practice Direction 77 to support the implementation of the new power of the Secretary of State for Justice to direct the Parole Board to refer certain top-tier cases to the High Court for a new release decision.
16 January Case Updates NMC Health PLC v Ernst & Young LLP [2024] EWHC 3021 (Comm) CPR, 06. Rules and Regulations, Adjournment The defendant made an application for adjournment on the proposition that it could not be ready for trial because its experts required additional time to complete their reports. However, it was unable to demonstrate that it would be unfair to proceed with the existing trial.
14 May News Update on the 20-page limit for expert reports on the Intermediate Track CPR, Expert reports, Civil Procedure Rules, Civil Procedure Rule Committee, 20 Page Limit, 06. Rules and Regulations, 11. Report Writing In this update on the 20-page limit for expert reports for cases on the Intermediate Track, we set out the position of the Civil Procedure Rule Committee on our concerns following further discussions, the Committee's intention to review the reforms after 12 months, and the EWI's advice to members.
14 March Case Updates Brendon International Limited v Water Plus Limited & Anor [2024] EWCA Civ 220 CPR, Civil Procedure Rules, Civil Evidence Act 1972, Wastewater, 06. Rules and Regulations The Court of Appeal determined that an employee of the appellant was able to provide opinion evidence because he was "qualified to give expert evidence" for the purposes of section 3 of the Civil Evidence Act 1972. However, the trial judge needs to determine what weight (if any) to give to the opinions of someone who is not an independent expert instructed in accordance with the strictures and safeguards of CPR 35.
8 February Case Updates Yesss (A) Electrical Ltd v Martin Warren [2024] EWCA Civ 14 CPR, 06. Rules and Regulations A late application to rely on a new expert witness does not engage CPR rule 3.9 and require an application for relief from sanctions.
26 May News Easy, Tiger! Expert evidence, duty to restrict evidence, CPR, 06. Rules and Regulations Expert evidence must always be firmly tied to an issue which arises in the case.