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...
When expert evidence falls well below the standard of a competent expert witness When expert evidence falls well below the standard of a competent expert witness

When expert evidence falls well below the standard of a competent expert witness

The judge found that the evidence of the claimants' psychological expert fell well below the standard to be expected of a competent expert...
The EWI to leave X The EWI to leave X

The EWI to leave X

The Expert Witness Institute has made the decision to discontinue its presence on X (formerly Twitter).
EWI Refreshes Core Training offering EWI Refreshes Core Training offering

EWI Refreshes Core Training offering

The Expert Witness Institute (EWI) is excited to announce a refresh of its core training offering.
A fundamentally dishonest claimant A fundamentally dishonest claimant

A fundamentally dishonest claimant

This case concerns a fundamentally dishonest claimant. The judge held that the experts in the case were reliant on self-reporting by the claimant, who...
Transparency and Open Justice Board Key Objectives Transparency and Open Justice Board Key Objectives

Transparency and Open Justice Board Key Objectives

Board is now engaging on its proposed Key Objectives. The Key Objectives represent the high-level outcomes that, once finalised, will guide the...
An unsafe conviction with flawed DNA evidence An unsafe conviction with flawed DNA evidence

An unsafe conviction with flawed DNA evidence

In this Bermudan case, the appellant successfully appealed to the Judicial Committee of the Privy Council to have his convictions quashed because 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...
Podcast Episode 5: Range of Opinion Podcast Episode 5: Range of Opinion

Podcast Episode 5: Range of Opinion

Range of Opinion is the focus of the 5th episode of the Expert Matters Podcast. We catch up with Colin Holburn, Chair of the EWI Membership Committee,...
A Day in the Life of a Water Quality Expert A Day in the Life of a Water Quality Expert

A Day in the Life of a Water Quality Expert

Tim White is a chartered chemist who uses his expertise to assess chemical risk from exposure to water. He has been an Expert Witness for over 40...

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 2766

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.