'Expert Privilege' in Civil Evidence

1. Auflage 2011
ISBN: 978-1-84113-303-4
Verlag: Bloomsbury Academic

Buch, Englisch, 266 Seiten, Format (B × H): 155 mm x 234 mm, Gewicht: 544 g

Expert evidence frequently wins or loses cases. The importance of handling that evidence properly is therefore paramount. Fundamental to this is the application of privilege. Indeed, thorny privilege issues relating to expert documents, drafts, communications, instructions, collateral use, joint statements, statements of replaced experts, amongst other issues, come up time and again in practice.

This book approaches 'expert privilege' as a subcategory of privilege of its own. This is not because it is defined by a uniform subset of rules that apply to all situations in which expert material is at issue, but precisely because it is not. Neither can assumptions about privilege in expert evidence be based on other areas of application. Instead, 'expert privilege' is a highly idiosyncratic and problematic area. None of the traditional privilege texts are dedicated to this important subject. A book dealing with 'expert privilege' as a subject area of its own is therefore highly overdue. This is the first such book.

This book provides an overview of the issues, cases and rules that feature in this complex area, with the touchstone of practicality kept very much in mind throughout. The order in which issues are discussed follows the process by which expert evidence is prepared, from instruction through to collateral use. The intended readership is solicitors and counsel practicing in England and Wales in all the areas of civil, commercial litigation that use expert evidence. This book will also be of interest to practitioners in other common law countries and academics who are interested in English procedural law.

Autoren/Hrsg.

England, Paul

Fachgebiete

• Rechtswissenschaften Ausländisches Recht Common Law (UK, USA, Australien u.a.)

Inhaltsverzeichnis

Introduction

2 What Type of Privilege?

3 Part 35

4 Instructions

5 Documents Generally Referred to in the Report

6 Pre-Existing Documents

7 Joint Experts, Statements and Discussions

8 The Status of Draft Reports

9 Changing Experts

10 Experiments and Surveys

11 Use of Reports in proceedings by Third Parties

12 Collateral Use of Expert Materials

13 Litigation Privilege—Competing Forces

14 Practical Notes and Queries

Über Autor(innen)

Paul England is a solicitor at leading City firm Simmons and Simmons. With a doctorate in biochemistry from the University of Oxford, Paul practises in the area of intellectual property, with a particular interest in pharmaceutical patent litigation and other disputes of a highly technical nature. Paul has published widely and co-authors the UK chapter of 'International Patent Litigation - Developing an Effective Strategy'.