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25 November 2010 / Dr Chris Pamplin
Issue: 7443 / Categories: Features , Expert Witness , Profession
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Expert instruction

Chris Pamplin offers some tips on avoiding your expert putting you in the dock

Lawyers owe a professional duty of care to their clients to instruct expert witnesses who understand the expert’s role and duties in the civil justice system. Nevertheless, as recent judicial criticism of experts has demonstrated, not all expert witnesses understand their role. This is why Pt 35 of the Civil Procedure Rules was changed recently so that an expert witness has to declare his awareness of the rules (whatever that means).
So how can it be that experts still get instructed who don’t understand their role and the rules, and what can you do to provide objective evidence of your efforts to avoid such experts?

At the heart of the problem lies the sheer complexity of the process of instructing experts. From what follows, you’ll see that at least 50 individual steps can be identified in the instruction process. Furthermore, for it all to work properly, the system expects you and an expert (two people drawn from starkly different backgrounds—just ask each to define “certainty”) to understand and comply with

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Jurit LLP—Caroline Williams

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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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