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The Expert in Litigation and Arbitration : Lloyd's Commercial Law Library - Mark Cato

The Expert in Litigation and Arbitration

Lloyd's Commercial Law Library

By: Mark Cato

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The Expert in Litigation and Arbitration provides the complete picture of the role and duties of the expert witness in the UK, Germany, France, Italy, USA, Australia, Hong Kong and China. With articles and chapters from leading practitioners around the world, the book looks at the role of the expert in many different disciplines and jurisdictions, examining topical issues such as the independent status of the expert and professional liability. This book looks at the role of experts in both arbitration and litigation, considering how experts are currently used in civil actions and what lessons can be learnt from this. With much practical advice for the inexperienced expert witness, it covers many of the pitfalls faced by experts, looking at the various situations that can arise either in court or before an arbitrator.

Dedication
Foreword
Preface
Acknowledgements
The Contributors
Bibliography
Table of Cases
Table of Legislation
Introduction
About the Author
The Expert Witnessp. 1
Introductory Articlesp. 3
The New Civil Procedure Rules and the Expert Witnessp. 5
Are you an Expert?p. 13
Independence, Partisanship and the Content of Expert Evidencep. 25
Independence, and Use, of Expert Witnessesp. 37
The Ikarian Reefer Revisitedp. 39
To Whom Does the Expert Owe a Duty?p. 43
Subpoena of an Expert Witnessp. 51
How Privileged is an Expert?p. 57
Professional Responsibilities and Liability of Experts and Expert Witnessesp. 69
The Expert and the Investigation and Prosecution of Serious Fraudp. 93
Legal Aid - the Expert's Positionp. 101
Single and/or Neutral Expertsp. 115
The Practical Role of an Expert in Computer Disputesp. 127
Some Practical Points for Expert Witnessesp. 131
The Expert Witness in International Litigationp. 141
The Use of Experts in Litigation and Arbitration in Germanyp. 155
The Expert in Francep. 167
The Expert Witness in Italian Litigation and Arbitrationp. 185
The Expert in the USAp. 213
The Expert Witness in Australiap. 261
The Expert in Mainland China and Hong Kongp. 299
The Role of The Academy of Expertsp. 345
The Expert Witness in Medical Casesp. 349
The Expert Witness in Criminal Casesp. 373
The Expert Witness in Construction Dispute Casesp. 433
The Expert in Insurance and Reinsurance Casesp. 489
The Expert Witness in Maritime Dispute Casesp. 529
The Expert Witness in Rent Review Dispute Casesp. 563
Interlocutory and Hearing Problems and the Expert Witnessp. 587
Expert Determination
Introductory Articlesp. 761
Expert Determination - Review of John Kendall's Bookp. 763
Expertly Handled?p. 767
Expert Determinations - Final and Binding?p. 773
Left to the Expert - What Have We Done? A Commentary on National Grid Co Plc v. M25 Group Ltdp. 781
Expert Determination in Commercial Contractsp. 787
Expert Determination in Construction Disputesp. 811
Expert Determination in Rent Review Disputesp. 829
Expertise v. Experts: The Experience of the Commodity Sectorp. 845
Interlocutory and Trial/Hearing Problemsp. 855
The Woolf Reportp. 889
Official Referees' Solicitors Association Expert Witness Protocol - Version 1.0p. 919
Surveyors Acting as Expert Witnesses: Practice Statement and Guidance Notesp. 927
PACT: Professional Arbitration on Court Termsp. 945
Court of International Arbitration Australia: Expert Determination Rulesp. 967
The Academy of Expert's Model Terms of Engagement for Expertsp. 977
The Academy of Experts' Model Form of Expert's Reportp. 983
The Academy of Experts' Code of Practicep. 995
The Academy of Experts' Form of Expert's Declarationp. 999
Model Forms of Direction for Expertsp. 1003
Commercial Court Guidelines: Appendix 12p. 1009
Indexp. 1013
Table of Contents provided by Blackwell. All Rights Reserved.

ISBN: 9781859786628
ISBN-10: 1859786626
Series: Lloyd's Commercial Law Library
Audience: Professional
Format: Hardcover
Language: English
Number Of Pages: 1116
Published: January 1999
Country of Publication: GB
Dimensions (cm): 24.13 x 17.15  x 5.72
Weight (kg): 1.77
Edition Number: 1