Summary

The judge determined that the evidence of the defendant’s expert on the mental health of a man detained by the police was to be preferred in every respect over the claimant’s expert because he had relevant experience of the matters in respect of which he was giving evidence and adopted the right approach.

Learning points

Learning points for experts:

• Consider carefully whether you have the expertise and experience to give the expert evidence which has been permitted by the court.

• If you don’t, you should decline the instructions.

• The court will often prefer an expert who has relevant experience in the matters they are giving evidence on, to an expert who has relied on literature or other source material. 

• If you cite a website (or any other source material) in your report or a joint statement, make sure that it sets out information that is relevant to the matters on which you are giving evidence. 

Learning points for instructing parties:

• It is important to appreciate the sub-disciplines within a profession so that you can find and instruct the expert with the most suitable expertise for the case.

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