Litigation capacity Litigation capacity

Litigation capacity

Although accepting the medical expert's conclusion on the First Defendant's capacity to appear in court, the Bailiff noted that any further...
Professor Keith Rix and Alison Somek awarded Honorary Fellowship of the EWI Professor Keith Rix and Alison Somek awarded Honorary Fellowship of the EWI

Professor Keith Rix and Alison Somek awarded Honorary Fellowship of the EWI

The pair were presented with their award at the Sir Michael Davies Lecture on the 9th October.
Chifley Holdings Ltd (BVI) v The Commissioners For HMRC [2024] UKUT 301 (LC) Chifley Holdings Ltd (BVI) v The Commissioners For HMRC [2024] UKUT 301 (LC)

Chifley Holdings Ltd (BVI) v The Commissioners For HMRC [2024] UKUT 301 (LC)

The judge found that it was without justification and entirely unecessary for an expert to question the opposing expert's professionalism and...
Fact finding by experts Fact finding by experts

Fact finding by experts

The court could see no basis on which the plaintiffs could seek to rely on any agreement reached between the experts as to the underlying...
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...
Quarterly Update on EWI's Advocacy Work Quarterly Update on EWI's Advocacy Work

Quarterly Update on EWI's Advocacy Work

One of the key roles of the Expert Witness Institute is to ensure that policy, rule and regulatory changes are informed by the experience of our...
October 1st Amendments to the Civil Procedure Rules October 1st Amendments to the Civil Procedure Rules

October 1st Amendments to the Civil Procedure Rules

On 1 October 2024, the latest amendments to the Civil Procedure Rules will come into force.
Episode 4: Expert Fees Episode 4: Expert Fees

Episode 4: Expert Fees

Simon and Sean discuss expert fees and catch up with Dominic Woodhouse from Partners in Costs to talk about cost management and budgeting in civil...
A Day in the Life of a Fitted Kitchen and Bathroom Expert A Day in the Life of a Fitted Kitchen and Bathroom Expert

A Day in the Life of a Fitted Kitchen and Bathroom Expert

Jerry Ponder uses his 40+ years of experience in fitted interiors to provide expert evidence on the design, product quality, installation and project...
Episode 3: Single Joint Expert Episode 3: Single Joint Expert

Episode 3: Single Joint Expert

Simon and Sean discuss Single Joint Experts and catch up with two EWI members who act as Single Joint Experts to hear about their experiences, the...
A Day in the Life of a Forensic Engineering Expert A Day in the Life of a Forensic Engineering Expert

A Day in the Life of a Forensic Engineering Expert

Tom Magner provides independent technical assistance as an Expert Witness. Specialising in the forensic investigation of mechanical, electrical, and...
Episode 2: The Post Office Horizon IT Inquiry and the importance of Expert Witness... Episode 2: The Post Office Horizon IT Inquiry and the importance of Expert Witness...

Episode 2: The Post Office Horizon IT Inquiry and the importance of Expert Witness...

Simon and Sean discuss the importance of Expert Witness training in the context of Gareth Jenkins' evidence at the Post Office Horizon IT Inquiry...

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.

Ten tips for acting as a Single Joint Expert
Sean Mosby 162

Ten tips for acting as a Single Joint Expert

bySean Mosby

Acting as a Single Joint Expert can be more challenging than being a party appointed expert. You have to deal appropriately with multiple parties and the likely disappointment of at least one of the parties in the conclusions you reach. Ten tips for acting as a Single Joint Expert are: 

  1. Make sure you fully understand the relevant procedural rules, practice directions and guidance that relate to acting as a Single Joint Expert, as these do vary between court jurisdictions. 

  2. Make sure your Terms and Conditions are clear and robust and that all sides have signed up to them. You can use EWI's Standard Expert Terms and Conditions of Engagement

  3. Ensure it is clear who will be paying your fees and avoid releasing reports until these have been paid.

  4. If an SJE has been appointed and a party wants to instruct you as a shadow expert, be aware that the cost of your fees and expenses won’t be recoverable from the other party. 

  5. Take care if you have previously been involved with one of the relevant parties (in the same case or an earlier case). All relevant information about your previous involvement will have to be given to the other parties. 

  6. Always keep in mind that you are acting for multiple parties or defendants. You should not meet one of the parties instructing you in the absence of the other party or parties and, if represented, their legal representatives. Check out O v O where the SJE got this wrong. 

  7. Whenever practical try to use forms of communication, such as email, which can be copied to all parties simultaneously.

  8. Be wary of a party who, having been refused permission to rely on the evidence of a solely instructed expert, attempts to introduce their expert’s evidence through questions that go beyond clarification of your opinion. 

  9. You don’t always have to be seen as right. As an SJE’s you should accept that at least one of the parties who instructs you will probably be disappointed with your evidence. 

  10. Check out our podcast on Single Joint Expert for great advice on acting as an SJE from EWI members Jonathan Galbraith and Heather Dunne, including advice on using staged payments to ensure you get paid!

You can access resources on acting as a Single Joint Expert on the EWI Knowlege Hub. We are also holding our next Single Joint Experts training webinar on 20 November - you can find details about that webinar here

Share

Print
Comments are only visible to subscribers.