The role of expert witness is less attractive as a result of recent litigation developments, says Mark Solon
Recent years have seen public policy in the area of litigation evolve in ways that make the work of an expert witness more stressful, more risky, more burdensome, less well remunerated and generally less attractive. The government’s drive, with the help of the senior judiciary, to reduce the cost of litigation, has brought down fees particularly in publicly-funded work to such an extent that many specialist and experienced experts can no longer afford to undertake the work, leaving serious question marks over the quality of the work done by some who remain in the market.
Costs budgeting has meant that experts are required to provide accurate estimates of costs at an early stage and submit their reports to stricter and tighter deadlines. This has to be strictly policed by the instructing solicitors, who will themselves be penalised by the courts if costs are inaccurate and deadlines not met. This can cause friction between experts and instructing lawyers.
Approach to costs
The senior costs judge
