Review of Guidance for the instruction of experts in civil claims Review of Guidance for the instruction of experts in civil claims

Review of Guidance for the instruction of experts in civil claims

The Civil Justice Council (‘CJC’) is intending to review its ‘Guidance for the instruction of experts in civil claims’ with a...
Update on EWI Advocacy Update on EWI Advocacy

Update on EWI Advocacy

One of the key roles of the Expert Witness Institute (‘EWI’) is to ensure that policy, rule and regulatory changes are informed by the...
Legal Aid: Experts' Fees Legal Aid: Experts' Fees

Legal Aid: Experts' Fees

This case is of obvious importance to experts authorised by the Family Court to be instructed in public law proceedings but it has implications for...
An expert report that is entirely equivocal on the key issues is of little assistance to... An expert report that is entirely equivocal on the key issues is of little assistance to...

An expert report that is entirely equivocal on the key issues is of little assistance to...

The court noted that the jointly instructed expert demonstrated a clear lack of understanding of both CPR 35 and the duties owed to the court by an...
EWI Annual Conference 2025: Opening keynote looks at how to be a witness as well as an... EWI Annual Conference 2025: Opening keynote looks at how to be a witness as well as an...

EWI Annual Conference 2025: Opening keynote looks at how to be a witness as well as an...

The diagnosis hang-up and cardiological manifestations of PTSD The diagnosis hang-up and cardiological manifestations of PTSD

The diagnosis hang-up and cardiological manifestations of PTSD

In this road traffic accident case where there was a claim for psychiatric injury, the two psychiatric experts produced between them 14 reports,...
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...
A Day in the Life of a Digital Forensics Expert Witness A Day in the Life of a Digital Forensics Expert Witness

A Day in the Life of a Digital Forensics Expert Witness

Ryan Shields is a digital forensics expert who has worked in the police and private sector. Here, he explains why he is passionate about using his...
Podcast Episode 12: Expert Discussions and Joint Statements Podcast Episode 12: Expert Discussions and Joint Statements

Podcast Episode 12: Expert Discussions and Joint Statements

In the 12th episode of the Expert Matters Podcast, we discuss Expert Discussions and Joint Statements. Joint Statements are critical documents in any...
Podcast Episode 11: AI and the Expert Witness Podcast Episode 11: AI and the Expert Witness

Podcast Episode 11: AI and the Expert Witness

In the 11th episode of the Expert Matters Podcast, we take a look at how AI is being used by Expert Witnesses. We discuss general developments related...
A Day in the Life of an Aerial Imagery Expert A Day in the Life of an Aerial Imagery Expert

A Day in the Life of an Aerial Imagery Expert

Chris Cox is a professional heritage consultant, specialist interpreter of aerial imagery and Lidar data, and an Expert Witness. She is the...

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.

The modern expert: personal insights and current issues
Wiebke Morgan 3717

The modern expert: personal insights and current issues

byWiebke Morgan

In his talk, Lord Hamblen initially summarised his professional background and the various kinds of expert evidence which he had encountered, both as a barrister and as a judge. He further explained how he used to work with experts as a barrister, what he had found particularly useful in terms of expert assistance, and how he would seek best to deploy that assistance. In discussing his experience as a judge, he offered suggestions as to how an expert can best assist judges, including some key ‘do's and don'ts’ based on his general experience. Finally, he addressed current issues relating to expert evidence as flagged up in recent case law.

 

Over his career, Lord Hamblen has encountered a great variety of different areas of expertise and experts.

 

From 1982 to 2008 he practiced at the commercial bar, and one of the leading London commercial sets of chambers, 3 Essex court, later 20 Essex. His main areas of specialism were shipping, international trade, commodities, insurance and reinsurance. Shipping in particular, involved dealing with a wide range of different areas of expertise. And most cases of any length would involve expert evidence. Ranging from engineering experts to expert mariners, and including chemists, physicists, fire experts, metallic jurists, naval architects, cargo surveyors, ship surveyors, agronomists, oil experts, Weather experts, and more.

 

After joining the High Court bench in 2008, Lord Hamblen sat regularly in the commercial court, where again, much business-related evidence would be heard. He also sat in crime, most often in murder cases, where one would have various types of forensic evidence from pathologists, medical examiners and experts in for example, blood splatter, gunshot residue, DNA, fingerprinting, and so on. Lord Hamblen also sat in the Queen's bench division, hearing general civil cases, including personal injury and clinical negligence cases.

 

In terms of working with experts as a barrister, Lord Hamblen stated that the key issue was understanding. In order to be able to think on their feet in cross examining an expert a barrister needed to be able to think like an expert.

Lord Hamblen’s other key “Do's” were:

  • Clarity
  • Structure
  • Reasoning
  • Building trust and confidence

 

His absolute number one “Don't” was to ensure that the expert is avoiding anything which might compromise their independence and impartiality. A second and related “Don't” was to avoid being an advocate. It is counsel's job to argue the case. That is not the role of the expert. Lord Hamblen’s advice to experts was to “Make points, explain points, but do not argue them.”

 

The third, and again related “Don’t”, according to Lord Hamblen was: “Know the limits of your expertise”.

 

Lord Hamblen then proceeded to illustrate the importance of all these “Don'ts” by selecting several recent cases regarding the proper approach to expert evidence. Despite the basic rules regarding expert evidence being well known, and the applicable principles changing little in recent times, Lord Hamblen noted that there has been a notable recent uptick in cases expressing concerns about inadequate expert evidence. He lamented the fact that recent case law suggests that the principles set out in the ‘Ikarian Reefer’ (now summarised in CPR 35) are frequently not being adhered to. The principles are being duly recited, but not acted upon.

 

Lord Hamblen referred to the Hon Justice Fraser’s list of points to be considered by experts and those instructing (made in the ICC case).

 

Finally, he discussed current case law under the headings of:

  • Partiality
  • Relevant expertise
  • Conflicts of interest
  • Failure to comply with expert duties

and highlighted recent cases with relevant quotes from the judgements.

 

Lord Hamblen concluded that he hoped that the personal insights he had provided and the summary of recent case law would be a helpful basis for thought and discussion at the conference. And that it would provide some guidance to those in the important role that they perform as experts. He pointed out that more and more cases seem to involve experts of one kind or another and that they play a very important role in dispute resolution, whether that be through settlement, mediation, arbitration, or litigation.

 

Share

Print
Comments are only visible to subscribers.