Summary

The defendant’s spinal cord injury expert in this case agreed early on in his cross-examination that he had lost all objectivity and independence in the case, while the defendant’s physiotherapy and accommodation experts were criticised by the judge for adopting more partisan approaches in their later evidence.

Learning points

Learning points for experts:

• Never lose sight of the fact that your overriding duty is to the court and not the party instructing you or the party paying you.

• Make sure you have fully understood and comply with the procedural rules, practice directions and guidance that govern the case you are acting in.

• It is wise to obtain (and regularly refresh) your understanding of these rules and regulations with training from a reputable provider to ensure that the rules are inculcated into your practice.

• Simply reading the rules and regulations is not likely to be sufficient. See for example, The Post Office Horizon IT Inquiry and the importance of Expert Witness training (ewi.org.uk) where the expert did not understand the duties of an expert witness despite having received a written explanation of them.

• If you change your opinion once you receive more information, make sure you explain clearly why the additional information resulted in the change.  

• Make sure you are ready to justify, during oral evidence, any concessions you make during the discussions with the other expert and the joint statement.

• If you realise you have made a mistake in the joint statement, correct it immediately with a supplemental letter and explain clearly why the mistake occurred.

• Clearly state the documents that you have reviewed in drafting your reports and always be willing to acknowledge this under cross-examination.

• It is critical to resist pressure from your instructing party to change your opinion in any way that does not reflect your honest, independent expert opinion.    

Learning points for instructing parties:

• Instructing parties must not pressure expert witnesses to change their opinion in any way that does not reflect the expert’s honest, independent opinion.

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