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Family Law

The leading authority on all aspects of family law

01 NOV 2010

Challenging Expert Evidence in Ancillary Relief Proceedings - Family Law journal

CLAIRE LAWSON, Solicitor, Pannone LLP

When dealing with the financial consequences of divorce, expert evidence will often be required. This can be on a whole range of matters from the valuation of properties and businesses to more unusual assets such as classic cars, jewellery, antiques or specialist collections. Experts can be asked to provide their opinion not only as to value, but also on more practical issues such as releasing money from the assets and possible costs of sale/tax consequences. Their input on a divorce can be vital towards ensuring a settlement is reached.

The law governing the instruction of experts and working with them in divorce proceedings is found in Part 35 of the Civil Procedure Rules 1998 (‘the Civil Procedure Rules'). In addition, the President of the Family Division's Ancillary Relief Advisory Group has produced a Best Practice Guide for Instructing a Single Joint Expert dated 24 April 2001, [2003] 1 FLR 573 (‘the Practice Direction').

To read the rest of this article, see November [2010] Family Law journal (link for online subscribers who have logged in). To log on to Family Law journal Online or to request a free trial click here.

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