Q&As

Comprehend the law and how it impacts your clients. Q&As shine a light on common issues

Legal Research

Q&As
Can you claim the cost of an expert report you have not served because the case has now settled, but was reasonably obtained?It is easy to see why...
Produced in partnership with Daniel Gill of Clarke Willmott LLP 9th Sep
Q&As
Are draft versions of an expert’s report disclosable? Is Jackson v Davenport Ltd still good law?In Carlson v Townsend, the Court of Appeal held that...
Produced in partnership with Jamie Gamble of No5 Barristers Chambers 9th Sep
Q&As
Who pays an expert’s fees for answering questions put to them under CPR 35.6?As set out in the Practice Note: Expert reports, the expert's instructing...
9th Sep
Q&As
In a settlement agreement can the termination date be later than the date of the settlement agreement?This Q&A assumes that termination refers to...
9th Sep
Q&As
When will a reference to counsel’s opinion in inter partes correspondence amount to a waiver of legal professional privilege? Will the disclosing...
Produced in partnership with Ryan Turner of Lamb Chambers 9th Sep
Q&As
Would a (prospective) claimant Part 36 offer made in pre-action correspondence be invalidated if the proposed defendant were then to issue a claim...
Produced in partnership with Chris Bryden of 4 King’s Bench Walk 9th Sep
Q&As
If a defendant tells the court that it is withdrawing its defence in full, a matter of a few days before the trial, what are the implications? Do...
Produced in partnership with Chris Bryden of 4 King’s Bench Walk 9th Sep
Q&As
Where no original can be located, what is the status of a PDF copy of an original agreement for evidential purposes in the context of litigation?Will...
9th Sep
Q&As
Where one page of an expert report is disclosed pre-action, is privilege waived and the receiving party entitled to see the complete report?There is...
9th Sep
Q&As
If the court has ordered a joint instruction of an expert, but the other side is disregarding that and going ahead with its own expert only, what are...
9th Sep
Q&As
If the claimant has made a mistake in the naming of the defendant in the claim form and particulars of claim, what should the defendant do? Does it...
Produced in partnership with Ryan Turner of Lamb Chambers 9th Sep
Q&As
If a claimant accepts a defendant Part 36 offer pre-action but the parties fail to agree costs, what does the claimant need to do seek recovery of its...
Produced in partnership with Ryan Turner of Lamb Chambers 9th Sep
Q&As
What guidance is there regarding what would or would not be reasonable when appointing experts?For comprehensive guidance on choosing an expert, see...
9th Sep
Q&As
Regarding Form N170, is the defendant required to pay a listing fee and to produce a proposed timetable for trial? How should the estimate of costs be...
Produced in partnership with Chris Bryden of 4 King’s Bench Walk 9th Sep
Q&As
If a Part 36 offer went into a junk email folder, does the 21-day period start when it went into the junk folder or when the solicitor located the...
9th Sep
Q&As
A key witness (factual and/or expert)/counsel/instructing solicitor is unable/unwilling to travel to and/or attend court due to the risk of...
Produced in partnership with James Tunley of Lamb Chambers 9th Sep
Q&As
What guidance do you have on standard disclosure including what searches should be done and how the standard disclosure list in Form N265 should be...
9th Sep
Q&As
Instructing joint experts and how to proceed where an expert changes their mind.Single joint experts and joint statements prepared by expertsThe rules...
9th Sep

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