header-logo header-logo

08 November 2016
Issue: 7722 / Categories: Legal News
printer mail-detail

Expert evidence: too technical for juries?

Juries are not equipped to understand technical expert evidence, according to 60% of experts surveyed by Bond Solon.

The expert witness training company’s first joint national annual survey, in association with The Times newspaper, surveyed more than 750 expert witnesses.

Mark Solon, chairman of Wilmington Legal and founder of Bond Solon, said the concern about juries “could either be due to experts not explaining things properly or clearly enough or because the issue is so complex ordinary citizens can’t be expected to understand.

“If the former, then experts may need further training and perhaps judges should allow different types of evidence to help juries understand, for example, videos or demonstration aids. If the latter, then it could be argued that the judge should direct the jury on the issues having had advice from the expert direct.”

The survey highlights concern about the impact of criticism of experts, notably in the ongoing case of Dr Wayney Squire, who disputed the existence of shaken baby syndrome and claims she was struck off as a result. She has appealed.

Two-thirds of respondents think the pressure of criticism may deter experts from giving evidence in the future and more than a quarter say they have considered stopping work as an expert witness in the past 12 months. Reasons for stopping include the risk of being sued in contract or negligence since the case of Jones v Kaney [2011] UKSC 13 (33%). One quarter cite the risk of disciplinary proceedings.

The experts also report coming under pressure over their impartiality. More than 46% have come across a “hired gun” in the past 12 months, and 30% have been asked or felt pressurised to change their report by an instructing party. Comments from the experts reveal alarming examples of this pressure, including being asked to inflate care costs, delete parts of their report and change the prognosis and diagnosis, and having fees withheld as leverage to alter the report.

Meanwhile, a poll of 154 experts by the Expert Witness Institute has found that “hot tubbing” – the practice of experts giving evidence concurrently – is assisting the courts, saving time and reducing costs. 

Issue: 7722 / Categories: Legal News
printer mail-details

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