Is it within the remit of an expert to decide which witness of fact they believe or... Is it within the remit of an expert to decide which witness of fact they believe or...

Is it within the remit of an expert to decide which witness of fact they believe or...

The judge noted that the expert readily accepted that integral to his reasoning was that he did not believe the claimant as to the symptoms he had...
Procedure for Determining Mental Capacity in Civil Proceedings Procedure for Determining Mental Capacity in Civil Proceedings

Procedure for Determining Mental Capacity in Civil Proceedings

A Civil Justice Council working group has published a report setting out recommendations for the development of a procedure for determing mental...
When the joint statement is no more than really two statements, one from each expert. When the joint statement is no more than really two statements, one from each expert.

When the joint statement is no more than really two statements, one from each expert.

The 'joint statement' prepared by two blockchain experts was really two statements, one from each expert. Fabrizio D'Aloia v Persons...
Podcast Episode 6: In Conversation with Giles Eyre Podcast Episode 6: In Conversation with Giles Eyre

Podcast Episode 6: In Conversation with Giles Eyre

In the 6th Episode of Expert Matters Podcast, Simon talks with retired Barrister and expert witness trainer, Giles Eyre, who is retiring as an EWI...
The dangers of a considerable burden of expert work The dangers of a considerable burden of expert work

The dangers of a considerable burden of expert work

The court found that a highly respected and hugely experienced histopathologist expert wtiness, who was overburdened with work, had made errors in his...

Check out our Case Updates and Member Magazine

Looking for more news relevant to the Expert Witness community? Why not check out our database of cases relevant to Expert Evidence or the latest and previous editions of our member magazine, Expert Matters.

News

Clicking on one of the topics below will display news items relevant to that topic. You can also use the search bar below to identify news items.

Conflict of intererst / Issues of Confidentiality
Simon Berney-Edwards 50

Conflict of intererst / Issues of Confidentiality

bySimon Berney-Edwards

 

Question

We were engaged by the Defence to create a freport that was submitted to the court. Subsequently, we produced an addendum report for the Defence, based on additional evidence. However, the solicitor opted not to serve this addendum.

 

Recently, we have been contacted by the Prosecution. They have provided comparative evidence which is the same as what we used in our initial report for the Defence, meaning any report we create for the Prosecution would effectively replicate our previous work.

 

We are uncertain if the solicitor is aware of this new approach, but it's clear the CPS knows we authored the original report.

 

Answer

There is no property in a witness, including an expert witness, but there is likely to be a duty of confidentiality regarding the work previously done at the defence’s behest which potentially puts the expert in an awkward position if you are asked to replicate the same work for the prosecution.

 

We do not think that technically there is a conflict of interest, but you do have the choice whether to accept the instructions from the prosecution.

 

We feel that it would be best to avoid a perceived conflict of interest and issues regarding confidentiality and recommended that you decline to act on that basis.

 

However, if you did want to pursue the instruction, then you would be advised to seek clarification that there is no objection on the part of the defence to you responding to the prosecution’s approach. And assuming there is not, you can proceed.

 

You could also suggest that you are appointed as a Single Joint Expert for the case.

Share

Print
Comments are only visible to subscribers.