Expert Privilege in Civil Evidence By: Paul England

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Expert Privilege in Civil Evidence By: Paul England

Author Paul England
Publication Date 09 Dec 2010
ISBN 9781841133034
Format Hardcover
Publisher Bloomsbury

 

Expert testimony is frequently used to determine whether a case is successful or unsuccessful. As a result, the importance of properly processing that information cannot be emphasised. The use of privilege is critical in this, this is where 'Expert Privilege' in Civil Evidence comes in handy. Difficult privilege issues involving expert materials, draughts, conversations, directions, collateral use, joint statements, and substituted expert statements, among other things, arise frequently in practise.

Professional privilege is treated as a unique subtype of privilege in this book. This isn't because it's governed by a set of universal guidelines that apply to all situations involving expert material; rather, it isn't. Other areas of application cannot be used to make expert evidence privilege assumptions.
 
Expert privilege, on the other hand, is a strange and difficult concept to grasp. None of the traditional privilege books address this important issue. As a result, there has long been a demand for a book devoted solely to the topic of "professional privilege." This is the first time something like this has been done before.

'Expert Privilege' in Civil Evidence provides an overview of the concerns, examples, and regulations that occur in this complex field, with a heavy focus on pragmatism throughout. The sequence in which concerns are considered, from instruction to collateral usage, is the same as the approach for preparing expert testimony. Attorneys and counsel in England and Wales who use expert witness in all aspects of civil and commercial litigation are the intended audience. Expert Privilege will appeal to practitioners and academics from other common law countries interested in English procedural law.

Table of Contents

1 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


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