New EWI guidance on Marketing your Expert Witness Practice New EWI guidance on Marketing your Expert Witness Practice

New EWI guidance on Marketing your Expert Witness Practice

Whether you are just starting out as an Expert Witness or an experienced Expert Witness looking to increase the number of instructions you are...
Podcast Episode 24: Marketing your expert witness practice Podcast Episode 24: Marketing your expert witness practice

Podcast Episode 24: Marketing your expert witness practice

In April's episode of the Expert Matters Podcast, we take a deep dive into Marketing your Expert Witness Practice, providing practical advice on...
Premex responds to JXX v Archibald [2026] by creating new service charge. Premex responds to JXX v Archibald [2026] by creating new service charge.

Premex responds to JXX v Archibald [2026] by creating new service charge.

Experts on Premex's panel have contacted the EWI to say that they will be subject to a15% service charge (plus VAT) on all invoices from 1 May...
A Day in the Life of a Learning Disability and Nursing Expert Witness A Day in the Life of a Learning Disability and Nursing Expert Witness

A Day in the Life of a Learning Disability and Nursing Expert Witness

We speak to Lynn Hannon, a learning disability and autism specialist nurse who works as an Expert Witness on quantum care assessments, loss of service...
Expert evidence in criminal proceedings in Northern Ireland; a tale of two experts Expert evidence in criminal proceedings in Northern Ireland; a tale of two experts

Expert evidence in criminal proceedings in Northern Ireland; a tale of two experts

Although the detail of McIntyre, R v [2026] NICC 2 will probably be of importance only for forensic science imagery analysts, it is important for...
Fortythree Tech Named EWI Platinum Sponsor for Key 2026 Events Fortythree Tech Named EWI Platinum Sponsor for Key 2026 Events

Fortythree Tech Named EWI Platinum Sponsor for Key 2026 Events

DA (Whether to replace a Single Joint Expert), Re [2026] EWCOP 7 (T2) DA (Whether to replace a Single Joint Expert), Re [2026] EWCOP 7 (T2)

DA (Whether to replace a Single Joint Expert), Re [2026] EWCOP 7 (T2)

This case, in the Court of Protection, concerned whether a wealthy, elderly man lacked capacity. The judgment dealt primarily with an application by...
Expert evidence in a vacuum of facts and startling use of Smart Glasses by the claimant Expert evidence in a vacuum of facts and startling use of Smart Glasses by the claimant

Expert evidence in a vacuum of facts and startling use of Smart Glasses by the claimant

In straying from their original instructions, the expert developed an opinion without all the facts of the case and the second claimant was being...
Podcast Episode 23: Experts in the Courts Podcast Episode 23: Experts in the Courts

Podcast Episode 23: Experts in the Courts

In March's episode of the Expert Matters Podcast, we discuss some recent examples of experts in the courts, drawing out the key learning points...
Podcast Episode 22: Feedback and Criticism Podcast Episode 22: Feedback and Criticism

Podcast Episode 22: Feedback and Criticism

In February's episode of the Expert Matters Podcast, we take a look at feedback and criticism. We go over the rules, discuss the key recent case...
A Day in the Life of a Clinical Psychologist Expert Witness A Day in the Life of a Clinical Psychologist Expert Witness

A Day in the Life of a Clinical Psychologist Expert Witness

Dr Jane Duff is a Consultant Clinical Psychologist, Head of the National Spinal Injuries Centre Psychology Service, and an Expert Witness. Here, she...
A Day in the Life of a Veterinary Expert Witness A Day in the Life of a Veterinary Expert Witness

A Day in the Life of a Veterinary Expert Witness

Veterinary surgeon, Jeremy Stattersfield, has been guiding courts on veterinary medicine since 1981. He told us how he got into the Expert Witness...

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 1364

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.