RICS consultation on Professional Standard for Surveyors acting as Expert Witnesses - 5th... RICS consultation on Professional Standard for Surveyors acting as Expert Witnesses - 5th...

RICS consultation on Professional Standard for Surveyors acting as Expert Witnesses - 5th...

The RICS is seeking feedback from public stakeholders on the updating of its Professional Standard for Surveyors Acting as Expert Witnesses. The...
Investigating possible non-accidental injuries in children Investigating possible non-accidental injuries in children

Investigating possible non-accidental injuries in children

In this case of suspected non-accidental injuries to an infant, only one of the experts was required to give evidence. This was Professor Fleming and...
The Expert Witness Institute and Expert Insight Announce Strategic Partnership to Elevate... The Expert Witness Institute and Expert Insight Announce Strategic Partnership to Elevate...

The Expert Witness Institute and Expert Insight Announce Strategic Partnership to Elevate...

The Expert Witness Institute, the UK’s leading body for expert witnesses, is proud to announce a new partnership with Expert Insight, a...
DHV (A Protected Party through his Litigation Friend WTX) v Motor Insurers' Bureau [2025]... DHV (A Protected Party through his Litigation Friend WTX) v Motor Insurers' Bureau [2025]...

DHV (A Protected Party through his Litigation Friend WTX) v Motor Insurers' Bureau [2025]...

The Claimant brought a claim for compensation in the UK after he was hit by an uninsured driver while on holiday in Mallorca and suffered major...
Loose talk, snide remarks and the expertise of general practitioners Loose talk, snide remarks and the expertise of general practitioners

Loose talk, snide remarks and the expertise of general practitioners

This is an important case for three reasons. First, it found that a general practitioner, giving evidence about the depressive disorder diagnosed...
Podcast Episode 15: The Power of EWI Membership: Raising Standards in Expert Witness... Podcast Episode 15: The Power of EWI Membership: Raising Standards in Expert Witness...

Podcast Episode 15: The Power of EWI Membership: Raising Standards in Expert Witness...

In the 15th episode of the Expert Matters Podcast, Simon and EWI's Membership Manager, Will Watkis, discuss the power of EWI membership and the...
How should Experts disclose criticisms when they are frequently unaware of the outcome of... How should Experts disclose criticisms when they are frequently unaware of the outcome of...

How should Experts disclose criticisms when they are frequently unaware of the outcome of...

The judgement from The Honourable Mr Justice Trower asserts that Expert Witnesses have a duty to disclose previous criticisms of their evidence in...
A day in the life of an Accommodation Expert Witness A day in the life of an Accommodation Expert Witness

A day in the life of an Accommodation Expert Witness

Marisa Shek is a Healthcare Architect and owner of Shek Architects. As an Expert Witness, she specialises in the field of accommodation for disabled...
Podcast Episode 14: Reflections on the EWI Annual Conference 2025 Podcast Episode 14: Reflections on the EWI Annual Conference 2025

Podcast Episode 14: Reflections on the EWI Annual Conference 2025

In the 14th episode of the Expert Matters Podcast, Simon and EWI's Marketing and Events Manger, Heather George, reflect on their highlights from...
A Day in the Life of a Town Planning Expert Witness A Day in the Life of a Town Planning Expert Witness

A Day in the Life of a Town Planning Expert Witness

Susan Jones, founder of SJ Consultancy, has been a town planning consultant for over 40 years. As an Expert Witness, she provides evidence at public...
Podcast Episode 13: Long-Standing Policy Issues Podcast Episode 13: Long-Standing Policy Issues

Podcast Episode 13: Long-Standing Policy Issues

In the 13th episode of the Expert Matters Podcast, we look at five long-standing policy issues that have had significant developments recently: (1)...
A Day in the Life of a Plastic, Aesthetic and Hair transplant Surgeon and Expert Witness A Day in the Life of a Plastic, Aesthetic and Hair transplant Surgeon and Expert Witness

A Day in the Life of a Plastic, Aesthetic and Hair transplant Surgeon and Expert Witness

Dr. Rohit Seth is trained in Plastic, Reconstructive, Aesthetic and Hair Transplant Surgery with over 20 years of surgical experience. A practicing...

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.

Legal teams need to observe  Expert’s fatigue & concentration
Kim Highley 1067

Legal teams need to observe Expert’s fatigue & concentration

byKim Highley

 

Summary

This was a significant and well reported patent case which was determined in the Intellectual Property List within the High Court last autumn.   

The technical aspects of the case required significant expert input from the panel involved.  The cross-examinations performed by leading Counsel for the parties were lengthy and complicated.  This led to confusion over what evidence was given when the transcripts were re-visited on subsequent trial days. The case shows how consideration should be given to experts who are being cross-examined so not to overload them with questions and information on the stand.

Learning points for experts

  • Experts owe a duty to the court whilst been cross-examined.

  • Giving expert evidence can be a tiring process and this is something to bear in mind and express concern as necessary.

  • If as an expert you believe you have given incorrect answers in cross-examination, then you should have the opportunity to correct it, but you should not abuse this opportunity and give 'replacement answers'.

  • When working with an instructing party, be clear what you can recall from memory and what you can report on with reference to sources (e.g. textbooks).

Learning points for instructing parties

  • Don’t leave the Judge to disseminate lever arch files full of scientific materials.

  • Aim to address matters succinctly and use the right approach to expert’s written evidence.  This will avoid the need to remedy unclear points in cross-examination.

  • Use the time for cross-examination wisely so not to cause the expert to become over tired and lose concentration.

  • Consider the timetable for the day at trial. When are the breaks likely to take place?

  • Legal teams should carefully observe their witnesses and speak up at trial if they detect that an expert witness is becoming tired during cross-examination.

  • When preparing an expert’s report consider what the expert can accurately recall from memory.  Will extracts of the report cause suspicion if not backed up with references? Such references can be to textbooks for example.

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

Already a member? Login

Share

Print
Comments are only visible to subscribers.