header-logo header-logo

28 February 2014 / Martin Burns
Issue: 7596 / Categories: Features , Profession
printer mail-detail

The dependable witness

web_burns

Martin Burns provides five important factors to consider when instructing an expert witness (or acting as one)

People who act as expert witnesses perform a crucial role in judicial proceedings in the UK. Judges and other tribunals depend on their opinions in order to understand the evidence before them, and thus make informed decisions.

An onerous role

However, in recent years the role of expert witness has become more onerous and the demands of instructing parties have increased.

To an extent this can be traced back to the Supreme Court decision in Jones v Kaney [2011] UKSC 13, [2011] 2 All ER 671, which abolished immunity in negligence for expert witnesses. A consequence of this decision has been greater emphasis by instructing parties on being extra careful when deciding who would be suitable to act as expert witness.

As an institution which is regulated by Royal Charter, the primary duty of RICS is to maintain quality and ensure chartered surveyors discharge their professional duties to the highest standards. The decision in Jones v Kaney led us to develop new qualifications for expert witnesses

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Jurit LLP—Caroline Williams

Jurit LLP—Caroline Williams

Private wealth and tax team welcomes cross-border specialist as consultant

Freeths—Michelle Kirkland Elias

Freeths—Michelle Kirkland Elias

International hospitality and leisure specialist joins corporate team as partner

Flint Bishop—Deborah Niven

Flint Bishop—Deborah Niven

Firm appoints head of intellectual property to drive northern growth

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
back-to-top-scroll