Rebecca Lochrie v Matthew Edwards Judgment G48YJ355 Rebecca Lochrie v Matthew Edwards Judgment G48YJ355

Rebecca Lochrie v Matthew Edwards Judgment G48YJ355

The Claimant alleged that the Defendant acted negligently in obtaining her consent for laser eye surgery including failing to adequately investigate...
A Day in the Life of an Emergency Medicine Expert Witness A Day in the Life of an Emergency Medicine Expert Witness

A Day in the Life of an Emergency Medicine Expert Witness

Colin Holburn is an EWI fellow, governor and founding member. A consultant in accident and emergency medicine, he has been practising as an Expert...
NMC Health PLC v Ernst & Young LLP [2024] EWHC 3021 (Comm) NMC Health PLC v Ernst & Young LLP [2024] EWHC 3021 (Comm)

NMC Health PLC v Ernst & Young LLP [2024] EWHC 3021 (Comm)

The defendant made an application for adjournment on the proposition that it could not be ready for trial because its experts required additional time...
Government Response on Revisions to the Medical  Reporting Process for Road  Traffic... Government Response on Revisions to the Medical Reporting Process for Road Traffic...

Government Response on Revisions to the Medical Reporting Process for Road Traffic...

The Government has published its response to the consultation it ran from 18 July to 10 October 2023 on 'Revisions to the Medical Reporting...
Podcast Episode 8: Re-evaluating your opinion Podcast Episode 8: Re-evaluating your opinion

Podcast Episode 8: Re-evaluating your opinion

In the 8th episode of the Expert Matters Podcast, we discuss re-evaluating your opinion. We look at possible reasons why you might wish to re-evaluate...
Justice for people with a hearing impairment Justice for people with a hearing impairment

Justice for people with a hearing impairment

A psychiatrist whose evidence had often been admitted in capacity cases was assisted in this case of a hearing-impaired person by an interpreter who...
Family Court reporting pilot to be extended nationally Family Court reporting pilot to be extended nationally

Family Court reporting pilot to be extended nationally

The Family Procedure Rule Committee has approved a proposal to roll-out the family court reporting pilot nationally, through changes to the Family...
New Immigration and Asylum Practice Direction New Immigration and Asylum Practice Direction

New Immigration and Asylum Practice Direction

The new Practice Direction of the Immigration and Asylum Chamber of the First Tier Tribunal came into force on 1 November 2024. The Practice Direction...
Podcast Episode 7: Review of 2024 Podcast Episode 7: Review of 2024

Podcast Episode 7: Review of 2024

In the last podcast for 2024, we look back at the ten key issues for expert witnesses that we've seen over the course of 2024, and highlight the...
Day in the Life of a Financial Expert Day in the Life of a Financial Expert

Day in the Life of a Financial Expert

Uwe Wystup is a practitioner in the field of foreign exchange options, as well as a senior academic, trainer, and judge. He is the founder of...
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 the Expert Matters Podcast, Simon talks with retired Barrister and expert witness trainer, Giles Eyre, who is retiring as an EWI...
A Day in the Life of a Medicolegal Expert Witness A Day in the Life of a Medicolegal Expert Witness

A Day in the Life of a Medicolegal Expert Witness

Sue Lightman is a Professor of Ophthalmology and Consultant Ophthalmologist who has been undertaking medicolegal Expert Witness work for over 20...

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.

Need for law firms to instruct ‘impartial, objective and reasonable’ expert witnesses
Priya Vaidya 2793

Need for law firms to instruct ‘impartial, objective and reasonable’ expert witnesses

byPriya Vaidya

By Amanda Stevens, Managing Director, London and South  - Hudgell Solicitors

 

There have been many recent cases highlighting difficulties with expert evidence before the courts and many judicial observations on the importance of robust expert opinion to assist in the fair administration of justice.

 

The conference highlighted some key learning points for practitioners. A large number of highly-respected judges, barristers, solicitors and experts contributed to the debate.

 

As the Managing Director of a firm which instructs expert witnesses on a daily basis, it was particularly fascinating to hear from judges and leading counsel as to what they feel makes the best expert witness.

 

Clearly, it is not always simply a matter of finding the leading authority in a subject area to support your case.

 

Indeed, more often than not, an expert that comes across as truly independent and able to clearly communicate why they believe their opinion should be accepted. Those open to questioning and even accept some of the opposing views presented, are also the best to instruct.

 

Experts must remain witnesses and not become advocates

For my part, as a representative of one of the UK’s leading clinical negligence firms, I found a panel discussion on ‘Lessons from the Courts’, which reflected on both good and bad practice seen from experts by judges and barristers, particularly enlightening.

 

The panel included His Honour Judge Nigel Lickley QC, High Court Judge, The Hon Mrs Justice McGowan, and Alexander Hutton QC, one of the UK’s leading clinical negligence counsel.

 

Mr Hutton QC, raising the issue of impartiality, said: “It should be etched on any expert’s heart that evidence should be uninfluenced by the pressures of litigation, it should be objective, unbiased, within their areas of expertise and they should not assume the role of an advocate.”

 

He added: “A lot of the criticism in clinical negligence judgements of experts is that they have lost sight of those principals and have become an advocate for their party. Of course, the vast majority of experts don’t, but one can see the pressures on experts to do that are immense and shouldn’t be underestimated.

 

“There is an enormous amount of pressure to do the best for the client. It is very difficult to resist but it must be resisted by asking ‘would I say the same if I were on the other side?’

 

These words were echoed by Mrs Justice McGowan, who said all expert witnesses should remember they are instructed to assist the court and the judge.

 

“Nobody should stand in a witness box without having asked themselves ‘is this the opinion I would have given if the court had instructed me or if the other side had instructed me?’ she said.

 

“The best experts listen to the question, think about the question and then answer it. That’s whether it comes from their side, the other side, or the court.

 

“The worst expert witnesses are those that show off. They may be the world leading authority in a particular field, but that doesn’t mean that they are right on this occasion.

 

“As a judge I want to be assisted by the expert witnesses. I want to know whether the issue I have to determine is as straight forward as one side tells me it is, or whether the challenges and concerns the other side are raising are genuine. I am looking for help. I need someone to guide me in an area I don’t know about. I don’t need someone to tell me what the law is.”

 

His Honour Judge Nigel Lickley QC said he believes the key for all expert witnesses is to ‘remember the target audience’.

 

“My major point is that experts must remember who the target audience is and focus on them. If you appear in front of a jury as a witness the people who decide the facts are the 12 jurors. It’s therefore absolutely vital to be able to convey the science and expertise to these 12 people from different backgrounds,” he said.

 

“You are not there to win the argument but to express your view. The best is an expert who is reasonable, the person prepared to consider, dismiss or even accept the opposing view is by far the most impressive witness.”

 

I would urge both experienced and new expert witnesses, and those who instruct them, to take the time to listen to the conference recordings on the Expert Witness Institute’s website, and benefit from the excellent expertise on offer.

The 2020 Conference recordings can be access at www.ewi.org.uk/ac2020

Share

Print
Comments are only visible to subscribers.