Expert testimony This Practice Note considers the importance of experts’ testimony and credibility at trial and, accordingly, the weight that may be given to expert evidence. It considers the court’s reasons for preferring the evidence of one expert over another, when a court may choose between expert evidence and its own assessment, what happens when an expert is not called to give evidence or cross-examined including the weight that can be given to unchallenged evidence and practical tips for expert testimony. Expert witnesses and those instructing them are expected to have regard to: • all relevant CPR rules and Practice Directions • the Guidance for the instruction of experts in civil claims (the Guidance). On 1 December 2014, the Guidance replaced the 'Protocol for the Instruction of Experts to give Evidence in Civil Claims' which had been annexed to CPR PD 35 • Practice Direction Pre-Action Conduct and Protocols, para 7 This Practice Note provides guidance on the interpretation and application of the relevant provisions of the CPR. Depending on the court in which your matter is proceeding, you may also need to be mindful of additional provisions—see further below. Attendance of experts at court Expert evidence is to be given in a written report, unless the court directs otherwise (CPR 35.5(1)). For information on expert reports, see Practice Note: Expert reports. Experts should however, be ready and available to attend trial. Ensure when
Carriage of goods by sea—the Hague-Visby Rules This Practice Note explains the Hague-Visby rules (the Rules) which are an international convention enacted into English law by the Carriage of goods by Sea Act 1971 (CGSA 1971) whose purpose is to regulate some of the most important rights and obligations under bills of lading for carriage of goods by sea. The Practice Note covers the scope of the Rules, the carrier’s responsibilities under them, the carrier’s limitations of liability and immunities available under the Rules and the relevant time bars. The Rules are a modified version of the Hague Rules, enacted by the CGSA 1924. The changes were brought about by the Visby protocol of 1971. The Hague Rules still apply in some circumstances and will be referred to briefly in this Practice Note for the purposes of comparison. Other major rules which may be applicable to carriage of goods by sea but which fall outside the scope of this Practice Note include the Hamburg Rules (1978) and the Rotterdam Rules (2008). Scope of application Under Article X, the Rules apply where: • the bill of lading is issued in a contracting state • the shipment is from a port in a contracting state • the contract of carriage contained in or evidenced by the bill of lading expressly says that they (or national legislation giving effect to them) will apply to it This provides
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Data room rules—private M&A—share and asset purchases—physical data room Project [insert name]: Data room rules These rules (Rules) regulate the manner in which [insert name of the seller] (the Seller) grants potential buyers and their advisers access to the data room (Data Room) containing information and documents (Information) relating to the proposed sale of [the entire issued share capital OR the assets and undertaking] of [insert name of company or business] (the Proposed Transaction). By way of consideration for their use of the Data Room, potential buyers (Potential Buyers, of which each is a Potential Buyer) shall agree to be bound by these Rules and shall procure that each of their officers, employees, agents and advisers attending the Data Room (Visitors, of which each is a Visitor) shall comply with and be bound by these Rules. These Rules shall apply to each and every occasion on which Visitors visit the Data Room. 1 Location The Data Room is located at [insert address] or such other location notified to Visitors from time to time. 2 Confidentiality 2.1 Each Potential Buyer agrees that the Information made available in the Data Room constitutes confidential information for the purposes of the confidentiality agreement entered into between the Seller and such Potential Buyer and in the form set out in Appendix 1 (the Confidentiality Agreement). The Information (including additional documents added to the Data Room from time to
Letter of claim—a living mesothelioma claimant who was exposed to asbestos during their employment FIRST CLASS POST Your ref: Our ref: Please ask for: Date: Direct Line: Email: URGENT—LIVING MESOTHELIOMA/ASBESTOS CLAIMANT YOU MUST DEAL WITH THIS LETTER IMMEDIATELY Dear [insert organisation name] Re: Claimant’s Full Name: Claimant’s Full Address: Claimant’s National Insurance No: Claimant’s Date of Birth: Claimant’s Diagnosis: Place of Employment: We are instructed by the above named to claim damages in connection with a claim for asbestos related disease, specifically mesothelioma. Our Client [insert Claimant’s name] was exposed to asbestos whilst employed by [insert Defendant company’s name] from [insert dates of employment with Defendant company]. We are writing this letter in accordance with the Pre-Action Protocol for Disease and Illness Claims. Please confirm the identity of your insurers. Please note that your insurer will need to see this letter as soon as possible and it may affect your insurance cover if you do not send this to them. There is some considerable urgency in this matter as the client suffers with an asbestos-related illness and, in the circumstances, we trust you will deal with this matter immediately. Background Our client was born in [insert location] on [insert date of birth]. [Insert Claimant’s background, including occupations of parents and siblings while growing up and living in the family home.] Our client [does OR does not] recall any asbestos exposure in [his OR her] childhood.
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What permits and consents are required to put an existing gas holder back in use? This Q&A refers to a large above ground container in which gas is stored. Permits and consents to store gas Hazardous substances consent Owners and operators wishing to hold stocks of specified hazardous chemicals and similar substances on, over or under land above a threshold quantity must obtain a hazardous substance consent from the relevant hazardous substances authority. Hazardous substances consents are regulated by the Planning (Hazardous Substances) Act 1990 and in England by the Planning (Hazardous Substances) Regulations 2015 (PHSR 2015), SI 2015/627. The hazardous substances subject to control are set out in PHSR 2015, SI 2015/627, Sch 1 and include natural gas. Consent is required if the specified substance is stored or used at or above the specified controlled quantity set out in PHSR 2015, SI 2015/627, Sch 1. See Practice Notes: Hazardous substance zones and consent and Hazardous substances and planning for more detail around hazardous substance consents. Other planning requirements It is important to note that where development associated with the storage or use of hazardous substances is proposed, a separate planning permission may also be necessary, in addition to any requirement for hazardous substance consent. Assuming no operational development (ie building, engineering or other operations) are needed on site, planning permission is likely to nevertheless be required for the change of
What planning enforcement action may be taken against a shipping container placed in a residential garden? Could a notice under section 215 of the Town and Country Planning Act 1990, or an enforcement notice under section 172, be used for this purpose? You have asked: What planning enforcement action may be taken against a shipping container placed in a residential garden? Could a notice under section 215 of the Town and Country Planning Act 1990 (TCPA 1990), or an enforcement notice under section 172, be used for this purpose? The Council can, in certain circumstances, enforce against a shipping container placed in a residential garden. The Council has a discretion to enforce against a breach of planning control under section 172 of the TCPA 1990 if it considers it expedient to do so. A breach of planning control is defined as development without planning permission or a breach of a condition attached to an existing planning permission. ‘Development’ is defined as operational development which includes the erection of buildings and a material change of use. The placing of a container, subject to case law tests, is usually not considered to be building or operational development. The case law tests are size, permanence and attachment to the land. Therefore, such action would usually only constitute ‘development’ against which enforcement action can be taken if it constitutes or is part
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EU Law analysis: Regulation (EC) No 1223/2009 on Cosmetic Products (the EU Cosmetic Products Regulation) is the main regulatory framework for finished cosmetic products placed on the EU market. In line with its Chemicals Strategy for Sustainability, which aims to boost innovation for safe and sustainable chemicals and to address the health and environmental challenges caused by the most harmful chemicals, the European Commission launched a public consultation regarding proposals for the targeted revision of the EU Cosmetic Products Regulation on 28 March 2022. The Commission intends to use the inputs received from this consultation to assess the relevance of proposed new measures to improve the safety and sustainability of cosmetic products. The consultation was open until 20 June 2022, and sought input on several issues, including expanding the default prohibition of the use in cosmetic products of a broader range of chemicals, updating risk assessment requirements, and refining cosmetic product labelling requirements. Input from the consultation and stakeholder workshops will help to shape the Commission’s formal proposals for revision of the EU Cosmetic Products Regulation, which are expected to be published in late 2022. Andrew Austin, Rachel Duffy and Xavier Chitnavis of Freshfields Bruckhaus Deringer LLP consider each of the Commission’s proposals to revise the EU Cosmetic Products Regulation in detail, including the impact that any changes could have on cosmetic product businesses with operations in the UK.
Arbitration analysis: On 25 May 2022, the French Court of Cassation upheld a Paris Court of Appeal’s ruling that an award rendered by a London-seated International Chamber of Commerce (ICC) arbitral tribunal was enforceable in France. It held that the arbitrator had not failed to comply with his obligation to disclose any new circumstances likely to affect his independence or impartiality, because the arbitrator had previously brought such circumstances to the attention of the parties, who waived any potential challenge to the tribunal’s constitution, and because they were part of the foreseeable continuation and development of a mandate entrusted to the arbitrator. Written by Camille Martini, associate at Cleary Gottlieb Steen & Hamilton.
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