header-logo header-logo

11 August 2011 / Mark Solon
Issue: 7478 / Categories: Features , Expert Witness , Profession
printer mail-detail

Expertly done?

Mark Solon ponders over the problems with experts

The main problems solicitors and their clients might encounter with experts and their evidence concern experts who:

  • accept instructions outside their expertise, or accept instructions when they have a conflict of interest, or are not independent;
  • produce deficient advice or a report which: does not comply with the CPR requirements or court directions; does not comply with the instructions; is inadequately researched; is inaccurate in material respects; covers matters outside the expert’s expertise; is inconsistent or illogical; relies upon untested theories; or fails to produce a report on time or at all;
  • overcharge, eg by increasing the report fee, hourly rate, attendance at court fee or cancellation fee without discussion or justification, or by charging for disbursements or expenses which were not authorised;
  • fail to be objective or display bias in a report, or when giving oral evidence;
  • act inefficiently or unco-operatively with regard to follow-up work to the report—written questions, experts’ discussion, etc;
  • do not co-operate about availability for trial when oral evidence is necessary, or who ignore a witness summons to attend trial;
  • change
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