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香港法概論（第三版）（修訂版）

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Experts in the Civil Courts

Experts in the Civil Courts

Author: Expert Witness Institute; Louis Blom-Cooper
Publisher: Oxford University Press
ISBN: 9780199297948
Published In: August 2006
Format: Hardback , 248 pages
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only

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Comprehensive new guide to the controversial area of expert evidence in civil litigation
An authoritative first port-of-call for civil litigation practitioners, the judiciary, and professionals who act as expert witnesses
Provides detailed commentary to the new procedures under Part 35 of the Civil Procedure Rules
Contains practical guidance to the key issues that arise in practice, including accreditation, the solicitor/expert relationship, experts' reports and privilege, court management of expert evidence, the single joint expert, and experts' immunity from liability
Also looks at the 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 leading multidisciplinary contributor team, many of whom were involved in the Working Party on the Code of Guidance for Expert Evidence
Edited by Sir Louis Blom-Cooper QC, a past Chair and Governor of the Expert Witness Institute

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.

Readership: Primary: Civil practitioners who use experts or come across them regularly in their work: solicitors, barristers, and the judiciary. Particular fields where experts are used regularly include personal injury/clinical negligence, crofessional negligence, and construction. Secondary: professionals who act as expert witnesses (eg Engineers, Surveyors, Accountants, Medical Professionals), law academics and students of civil procedure, university and reference libraries in the UK and overseas (particularly in the USA, Canada, Australia, New Zealand, and European Union countries).

Foreword by Sir Anthony Clarke, Master of the Rolls

Editor's Prologue by Sir Louis Blom-Cooper QC

1: Louis Blom-Cooper and Penny Cooper: Historical Background

2: Evelyn Ebsworth: Accreditation: A Novel Approach

3: Suzanne Burn: Litigant Solicitor/Expert Relationship

4: Nic Madge: Court Management

5: Suzanne Burn and Brian Thompson: Single Joint Expert

6: Paul McNeil: Experts' Reports

7: Roger Clements: Questions and Discussions

8: Louis Blom-Cooper: Assessors

9: Suzanne Burn and Louis Blom-Cooper: Remedies against the Defaulting Expert

10: Kay Linnell and Louis Blom-Cooper: Alternative Dispute Resolution

11: Louis Blom-Cooper and Roger Clements: Duty to the Court

12: Penny Cooper: Training

13: Klim McPherson: One Expert's Experience

14: Louis Blom-Cooper and Robin Jacob: Conclusions

Appendix 1: CPR Part 35: Experts and Assessors

Appendix 2: Part 35 Practice Direction: Experts and Assessors

Appendix 3: Protocol for the Instruction of Experts to give evidence in civil claims

Expert Witness Institute

Edited by Sir Louis Blom-Cooper QC, Bencher of the Middle Temple

Contributors:

Sir Louis Blom-Cooper QC, Bencher of the Middle Temple

Suzanne Burn, Solicitor, District Judge

Roger Clements, Consultant Obstetrician and Gynaecologist

Penny Cooper, Barrister, Associate Dean, Inns of Court School of Law and Director of Knowledge Transfer, City Law School, London

Professor Evelyn Ebsworth, Council for the Registration of Forensic Practitioners

The Rt Hon Sir Robin Jacob, Lord Justice of Appeal

Kay Linnell, Director, Forensic Accounting and Litigation Support, Smith Williamson

His Honour Judge Nic Madge, Circuit Judge

Paul McNeil, Solicitor, Partner, Field Fisher Waterhouse

Professor Klim Macpherson, Visiting Professor of Public Health Epidemiology (Consultant in Public Health), Nuffield Department of Obstetrics and Gynaecology

Brian Thompson, Company Secretary of the Expert Witness Institute (1997-2006)

" As I read this book, I quickly found relevant parts which verified dubious incidents I have experienced in court trial - the clear definitions therein confirmed that I had followed correct procedure... please thank all those who gave their time to share their wisdom and give advice. Our congratulations again for the successful publication of this excellent book. " - Maureen Ward-Gandy, Forensic Document and Handwriting Expert