header-logo header-logo

13 November 2019
Issue: 7864 / Categories: Legal News , Expert Witness , Profession
printer mail-detail

Expert witnesses voice bias concerns

Nearly 60% of expert witnesses believe judges should have powers to permanently disqualify experts who don’t understand their role.

Experts’ suggestions, put forward in the 2019 Bond Solon annual expert witness survey report, published last week, ranged in leniency, including compulsory training, temporary disqualification, a ‘one strike and you’re out’ rule, and sanctions for both expert and instructing solicitor. 

Although experts’ duties are always to the court, not the solicitor who hired them, the survey uncovered a worrying level of misunderstanding. Solicitors also need to step up their game―properly vetting the expert, ensuring they understand their role and, above all, not putting pressure on them to lean in a particular direction. An astonishing 41% of the 550 experts surveyed have come across a ‘hired gun’ in the past 12 months and almost half have experience of an expert claiming expertise they do not have. Moreover, one quarter of the experts have been pressurised by solicitors on their impartiality. One expert complained that the lawyer ‘completely changed my report, put in extra paragraphs and deleted great chunks in order to make my opinion suit his client’. 

More than 70% of the 550 experts surveyed think the instructing solicitor should be liable for costs if they fail to exercise due diligence in the selection and instruction of an expert. According to Mark Solon, solicitor and founder of Bond Solon, one point to look out for is consistency of details in the expert’s LinkedIn profile, CV, directory entries and website, as the other side will pounce on any discrepancy.

The issue of irresponsible experts gained prominence recently through the collapse of some high-profile cases. In May, the discovery that expert Andrew Ager had no relevant qualifications sunk a £7m carbon credit fraud trial. 

Mark Solon said: ‘Despite the survey revealing expert bias and irresponsibility, one must remember that many thousands of cases each year involve competent experts who greatly assist lawyers in settling actions where appropriate and judges and juries in clarifying technical issues.

‘Due diligence exercised by instructing solicitors prior to engaging experts, careful consideration by presiding judges and vigorous cross examination should help reveal problem experts.’

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