Summary

The judge preferred the evidence of the Claimant's expert because of the Defendant's expert’s approach to his task as expert, his confusion over the proper approach to what prior art was and was not in the common general knowledge, the number of assertions he made which he was forced to resile from as incorrect, and his failure to acknowledge a key fact.

Learning points

• Make sure you clearly set out in your report and CV how your knowledge and experience enables you to comment on the issues in dispute. You should ensure you have read sufficiently to compensate for any deficiencies in your direct experience.

• Provide specific details of your direct experience in the issues related to the case, e.g. “I personally designed this electric shower” rather than “I worked on the development of electric showers for six years”.

• Make sure you carefully read the opposing expert’s first report and consider how any of the matters raised might affect your opinion. Make sure you make any appropriate responses to your opposing expert’s report in your reply report or joint statement.

• Carefully re-read your reports before attending court. Not being able to recall key concepts set out in your reports will undermine the judge’s confidence in your honest belief in those concepts.

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