Summary

The two handwriting experts in this case were given completely different samples of comparator signatures and did not undertake the same task. The judge noted that it was extraordinary and unsatisfactory that the defendants’ expert was provided with comparator signatures which were not the person’s normal signature and was then instructed to assume they were authentic.

Learning points

Learning points for experts

• Discuss with your instructing party, if you think that your instructions restrict your ability to provide your full expert opinion.

• After the exchange of reports, check that you and your opposing expert have seen the same evidence and undertaken the same task. If not, raise this with your instructing party.

• During cross-examination you might be required to answer questions put without the assumptions set out in your instructions. 

Learning point for instructing parties

• Try to ensure that both experts are provided with the same evidence.

• Ensure that you provide your expert with sufficient time to conduct their examination and prepare their report.

• Be cautious in providing instructions that may restrict your expert’s ability to provide their full expert opinion.

To continue reading you must be an EWI member, become a member and access exclusive content. 

Already a member? Login