...length comprises sections on easements, village greens, public rights of way, restrictive covenants, assets of community value and elements of planning law. To read the full review, please click here....
...Club Limited [2016] EWCA Civ 62, [2016] BLR 206, 164 ConLR 28 Christopher is a Commercial Law barrister who specialises in professional liability and commercial matters. View his profile here....
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3PB's family law specialist, James Legg, alongside Alex Brereton from Mishcon de Reya LLP, writes for Family Law on how the use of expert evidence is tightly regulated by the Judges in the Family Court.
Expert evidence can only be used where it is ‘necessary’ to assist the court to resolve the proceedings. In proceedings relating to children (including claims under Schedule 1 of the Children Act 1989), experts are only usually instructed once the court has given its permission to do so. On the other hand, in financial remedy proceedings the permission stage is engaged when a party seeks to adduce the evidence from the expert into the proceedings (i.e. permission is not normally needed to obtain the evidence, only to adduce it into the proceedings).
Part 25 of the Family Procedure Rules 2010 and its associated Practice Directions provide detailed practical guidance as to applications to adduce expert evidence and how it is dealt with once permission has been granted. A ‘Daniels v Walker’ application may provide a party with an opportunity to challenge an expert's evidence by adducing the evidence of a second expert. Generally, this is only permitted where there is a good reason and, in all of the circumstances, it would be unjust not to allow the adducing party to rely on that evidence.
The full article has been published in the September issue of Family Law.
View Article...and disability discrimination after she was dismissed, despite the surgeon she worked for disagreeing with the decision, stating she was ‘meticulous and reliable'. Mrs Jolly, who is believed to be...
...despite the surgeon she worked for disagreeing with the decision, stating she was ‘meticulous and reliable'. Mrs Jolly is believed to be the oldest person ever to sue an employer...
...and disability discrimination after she was dismissed, despite the surgeon she worked for disagreeing with the decision, stating she was ‘meticulous and reliable'. Watch Mark discussing the case on This...