The Justice System Depends on Expert Evidence

An appreciation by Elizabeth Robson Taylor MA of Richmond Green Chambers and Phillip Taylor MBE, Head of Chambers, Reviews Editor, “The Barrister”, and Mediator

EWI held an excellent online conference which was very much the same formula as in previous years…. and it works! Barrister, Saba Naqshbandi, chaired the conference throughout and we found that the highlights this year came from the four leading judges who spoke: Lady Justice Ingrid Simler; Lady Justice Geraldine Andrews, Mrs Justice Maura McGowan and HHJ Francis Sheridan (robed!) 

Lady Justice Simler: The Keynote Speech

Lady Justice Simler, in a recorded speech from the Court of Appeal, gave an absorbing keynote speech discussing what makes an excellent Expert Witness and how experts can increase their credibility in the eyes of the court. “There is strong public interest in the work performed by experts”, she said. “The justice system depends on expert evidence being the highest quality it can be”.

Simler observed that “there are difficulties securing experts across the country in a wide range of specialisms”, with “remuneration and rates of pay” being an important factor. “But”, she said, “another is fear of criticism from the courts, from counsel during cross examination, and criticism from those that they assess”.  Valid observations which we know would be felt by experts listening to her speech.  

The EWI chair, Sir Martin Spencer, has mentioned the new Certified Expert Membership level for the Institute in his welcome to the conference.  He explained that “certification offers Instructing Parties a unique method for identifying experts whose knowledge, skills and practice has been validated by a Professional Body”. He concluded that the new certification offers assurance that the instruction of a Certified Expert provides Instructing Parties “with an expert who understands their role and can ultimately deliver”. Very true and we thought both Martin’s welcome and Dame Ingrid’s speech gave us all an increase in confidence, and a greater awareness of the professions from which experts are drawn. Plus, Ingrid’s concluding plea that “in turn, I hope it will attract more women and those from different and diverse backgrounds”, and we all hope that is the case.

The next session on “ethical dilemmas in expert evidence” was chaired by James Hines KC with superb commentary from Lady Justice Andrews, Christopher Coltart KC, Mrs Justice McGowan and HHJ Francis Sheridan. The judicial expertise on display here covered work from the Commercial Bar/QBD PI cases by Geraldine Andrews who stressed the point that “the adversarial system depends on the independence of experts”. Then to the world of crime, and Judge Francis Sheridan fully robed in his Aylesbury court which was dramatic. Francis taught me at Bar School - he hasn’t changed a bit with his excellent advice and observations so do catch up on all the speeches from the EWI website!

“You Can Always Spot a Hired Gun”

Mrs Justice Maura McGowan, also gave us some detailed advice on “good” and “bad” experts- those experts who are not experts, making things up as they go along, so beware. And she mentioned some new books – “primers” from the Royal Society which she displayed on screen so do check out their website for details for your own practice.

There is always so much going on at the EWI Conference that we can only offer a snapshot of proceedings but do follow up the recordings on the EWI website for any particular session of interest. We were most fortunate with the lead sponsorship from DAC Consulting Services, who offer forensic engineering and expert witness services, plus the expertise of the other sponsors: Bond Solon and Jane James & Associates- our thanks to them for their support.

It feels like the online conferences are now here to stay. They do work. We were very fortunate this year to have such a high powered judicial and legal line-up which allowed for contributions from those in busy practices. Although some miss direct face-to-face contact, virtual sessions are here to stay as a consequence of covid.  Thank you to everybody who participated as we realise that our system of justice depends on expert evidence. 
 

Conference Recordings

Recordings from the conference are now available to purchase via our web shop. You can either purchase specific sessions or for a reduced rate, buy the recordings bundle.