The Medical Expert in Court The Medical Expert in Court

The Medical Expert in Court

Fans of true crime and anyone involved in giving expert evidence might be interested in a recent podcast episode from EWI Fellow, Dr Harry Brunjes.
Andrew Lunt v BAC Impalloy Ltd [2025] EWCC 4 Andrew Lunt v BAC Impalloy Ltd [2025] EWCC 4

Andrew Lunt v BAC Impalloy Ltd [2025] EWCC 4

The claimant alleged that the vibrating tools he used while employed by the defendant caused Hand-Arm Vibration Syndrome. The judge criticised one of...
EWI partnership with the Pro Bono Expert Support Scheme EWI partnership with the Pro Bono Expert Support Scheme

EWI partnership with the Pro Bono Expert Support Scheme

The Expert Witness Institute has set up a new partnership with the Pro Bono Expert Support Scheme which is a collaborative initiative between the...
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...
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...
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...
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.

Lost in translation
Sean Mosby 1045

Lost in translation

bySean Mosby

 

Summary

In this patent case, the judge noted that neither expert was a native English speaker and both had difficulties with questions put to them during cross-examination. The misstep of one expert over the word “buckling”, which he had used in his report, and his use of a translator during cross-examination for reference, led the judge to approach his written evidence with a degree of caution.

Learning points

Learning points for experts:

  • If you have been asked to give expert evidence in a language in which you are not fully proficient, have an honest conversation with your instructing party about your ability to do so.

  • Remember that cross-examination can be a lengthy, stressful and tiring process, and you may be required to use the language for longer periods than you are accustomed to.

  • Make sure you fully understand the meaning of all of the terms and language that you and your opposing expert have used your reports.

  • In writing your report, it can be tempting, when you don’t know the exact right word, to translate the term from your native language into the target language. However, this could backfire if you fail to recall the meaning of that word during cross-examination.

  • For this reason, you should also be especially vigilant about making wording changes suggested by your instructing party.

  • If you are not fully confident in your abilities, consider using a translator both for your report and in court.

Learning points for instructing parties:

  • If your expert is not a native speaker of the language used in the proceedings, it is worth assessing their spoken and written abilities in that language. 

  • Remember that language skills can be impacted by factors associated with legal proceedings such as stress, tiredness, and unfamiliar surroundings. 

  • Be careful when suggesting changes to the language used in reports in order to express a concept more naturally in the target language.

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.