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08 November 2018 / Mark Solon
Issue: 7816 / Categories: Features , Expert Witness , Profession
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Behind the times?

Mark Solon offers tips on how to make sure your expert witness keeps up to date

  • An out of date expert witness is a dangerous expert witness and can create considerable risks for the instructing party.
  • So what should a solicitor look for in terms of currency before instructing a potential expert?

Expert witnesses obviously need to be up-to-date in their professional field, but they also need to be up to date in their role as an expert witness.

Clearly, instructing solicitors will want to know that the expert they choose is current in their professional field. Experts do have a sell by date and so those that have retired will have a limited time as an expert witness. Look for current practice and credibility. In civil matters, the time of the events in dispute will be relevant in the choice of expert.

Current knowledge

Professional practice changes all the time and the expert must have current knowledge. There are some exceptions, for example where medical practice at a point in time some years ago in a case involving obstetrics may be relevant

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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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