Mark Solon provides a checklist to consider when looking for an expert witness who is right for the job
A solicitor needs to make sure that before instructing an expert that the expert is right for the issue in dispute and the expert must say no if they are not right for the job. Since Jones v Kaney [2011] UKSC 13, [2011] 2 All ER 671, that allows experts to be sued in contract and negligence for the opinion given, it has become even more important to have proper due diligence in the selection process. Also experts need to be familiar with costs budgeting and the need for compliance with court timetables since the Jackson reforms. Here are some pointers to help.
What to ask a potential new expert to provide
- Their qualifications, a CV and brochure.
Most regular expert witnesses have a CV or brochure. Study it carefully. Questions to consider include:
Are they sufficiently senior in their field?
Does the case really need a senior person or will a “rising” expert be perfectly adequate and cheaper, ie proportionate?
Is the CV succinct
