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22 March 2019 / Kay Linnell
Issue: 7833 / Categories: Features , Expert Witness
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A light bulb moment

Kay Linnell shares a personal account of the road to becoming an expert witness… plus a few inside tips

After many years in professional practice—helping clients with their accounts, tax compliance, general planning and becoming involved in dispute resolution—I had the opportunity to use my industry expertise in a court case. Here, I learnt that my expert evidence was a rounded way to achieve a much better result and that being an expert witness is a very challenging and rewarding way to use one’s technical experience.

Based on that single experience, I decided that I could contribute to the furtherance of ‘better justice’ by becoming a professional expert witness. The difficulties or challenges in making such a transition fell into specific categories.

Playing by the rules

I needed to study and understand the requirements for persons holding themselves out to be expert witnesses. I started, initially, with the Civil Procedure Rules Pt 35 and PD 35 to better understand the key elements of expert testimony and report writing, including admissibility, contents, conduct and the overriding duty to the court or tribunal. I learnt

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NEWS
Talk of a reserved ‘Welsh seat’ on the Supreme Court is misplaced. In NLJ this week, Professor Graham Zellick KC explains that the Constitutional Reform Act treats ‘England and Wales’ as one jurisdiction, with no statutory Welsh slot
The government’s plan to curb jury trials has sparked ‘jury furore’. Writing in NLJ this week, David Locke, partner at Hill Dickinson, says the rationale is ‘grossly inadequate’
A year after the $1.5bn Bybit heist, crypto fraud is booming—but so is recovery. Writing in NLJ this week, Neil Holloway, founder and CEO of M2 Recovery, warns that scams hit at least $14bn in 2025, fuelled by ‘pig butchering’ cons and AI deepfakes
After Woodcock confirmed no general duty to warn, debate turns to the criminal law. Writing in NLJ this week, Charles Davey of The Barrister Group urges revival of misprision or a modern equivalent
Family courts are tightening control of expert evidence. Writing in NLJ this week, Dr Chris Pamplin says there is ‘no automatic right’ to call experts; attendance must be ‘necessary in the interests of justice’ under FPR Pt 25
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