In a continuing series, the Law Society’s practice advice service offers guidance on a range of issues


Q Where can I find a list of expert witnesses?
A
For information on expert witnesses, solicitors may refer to the Academy of Experts, which produces a directory (see www.academy-experts.org/). The Expert Witness Institute also publishes a list (see www.ewi.org.uk).


Please note that these lists are not exhaustive and are not endorsed or verified by the Law Society.



For further information, please see the Law Society’s Civil Litigation Handbook which is available from the Law Society bookshop (tel: 020 7320 5640).



Q Is there is a protocol for the instruction of experts in civil claims?
A
The protocol for the instruction of experts to give evidence in civil claims is available from the Civil Justice
Council’s website (www. civiljusticecouncil.gov.uk). The purpose of this protocol is to provide clear guidance to those who instruct experts and experts themselves as to what they are expected to do in civil proceedings. It has been drafted by the Civil Justice Council and reflects the current rules and practice directions. Please also refer to part 35 of the Civil Procedure Rules for further detailed guidance.



Q I understand that the Law Society has prepared some information for firms acting in disaster cases. How can I obtain a copy of this?
A
The Law Society has prepared disaster litigation practice guidelines for solicitors. This can be downloaded from the Practice Advice page (see multi-party actions) of the Law Society website (www.lawsociety.org.uk), or requested from the Practice Advice Service (see contact details below). The best practice guidelines should be applied when a sudden or unexpected event occurs which adversely affects a group of individuals, resulting in physical injury or death, and possibly property damage.


Q When does the Statutory Declarations Act 1835 require a statutory declaration to be used?
A
The Statutory Declarations Act 1835 provides for a declaration to be substituted for an oath in the following cases where:
l An attesting witness wishes to prove the execution of a will, codicil, deed or instrument in writing (section 16);

l A competent person wishes to prove the signing, sealing, publication or delivery of a will, codicil, deed or instrument in writing (section 16);

l The Bank of England wishes to: prove the death of a proprietor of any transferable stocks or funds; identify the person of any such proprietor; remove any other impediment to the transfer of any such stocks or funds: or otherwise deal with the loss or mutilation of any bank note (section 14);

l A body corporate has the authority to administer or receive (by law statute or by usage) an oath, affidavit or solemn affirmation. It can substitute a statutory declaration for such oaths, affirmation and affidavits (section 8); and

l The Treasury uses an oath relating to customs or excise revenues, the office of

stamps and taxes, etc

(section 2).

Subsequent legislation has also specified situations when statutory declarations are to be used. Various government agencies require the use of statutory declarations. In addition, there are a number of situations when a statutory declaration is commonly used (although there is no legislative requirement to do so), for example:

l On change of a person’s name;

l On change of a baby’s or an infant’s name; and

l As evidence of incidental matters arising in proof of title to real property.



Please see the Law Society publication, Execution of documents, which is available from the Law Society bookshop.



Q I am a trainee solicitor working in the criminal department of my firm. I need to write to my client, who is presently on remand in Wormwood Scrubs. How can I be sure my letters reach him without being opened?
A
A solicitor’s letter should not be opened and read by the prison authorities if it is posted inside a double envelope. The outer envelope should be addressed as normal to your client; the inner unstamped envelope should be marked clearly ‘Prison Rule 39’ (or YOI (Young Offenders Institute) Rule 14 if addressed to a young offender).


The inner envelope should also be marked with: the client’s name and prison number, if known; the address and telephone number of the solicitor’s office; a reference number, if possible; and the signature of the solicitor. Mail clearly marked in this way will be regarded as legally privileged and passed to your client unopened unless a governor suspects that it is not actually privileged. See the Law Society’s Criminal Defence (2nd edition) which is available from the Law Society bookshop.



Q I act for clients in a conveyancing matter. The official copies show a charge in favour of the Law Society. Whom do I contact to get this discharged?

A In April 1989, responsibility for the administration of the legal aid scheme transferred from the Law Society to the Legal Aid Board (now the Legal Services Commission). You therefore need to contact the land charges department at the Legal Services Commission, DX 328 London/Chancery Lane, or tel: 020 7759 1002.



This column is compiled by the Law Society’s practice advice service, tel 0870 606 2522. Comments relating to the questions should be sent to Nasrin Master, Practice Advice Service Manager, The Law Society, 113 Chancery Lane, London, WC2A 1PL. The service endeavours to ensure that the information provided is correct but does not accept liability for error or omission. Readers should bear in mind that this publication is intended for information purposes only and should not act on the basis of the information provided without verifying it first