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19 June 2024 / Mark Solon
Issue: 8076 / Categories: Features , Expert Witness , International , Profession
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Checking in expert witnesses

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Mark Solon provides a handy checklist on how to direct experts instructed in overseas cases

Often a foreign lawyer will want to instruct an English or Welsh expert witness to give evidence in matters in their jurisdiction. The lawyer will ask a lawyer in England and Wales to act as agent or ask their office in England and Wales to find and instruct an expert. Several questions arise from such a request—perhaps the most important element being what jurisdiction applies to the matter in question.

The expert may well be familiar with their own court system, but not with that of the foreign jurisdiction. An expert witness needs two skillsets: first, as a professional in their specialist area with the relevant knowledge, experience, and qualifications appropriate to the issues in dispute; and second, the skills to be an expert witness in the foreign jurisdiction. This second skillset requires them to know the appropriate methodology with which to conduct an investigation in a court-compliant way, and know how to construct a court-compliant report, how to give evidence appropriately in the foreign court,

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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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