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11 August 2011 / Mark Solon
Issue: 7478 / Categories: Features , Expert Witness , Profession
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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
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MOVERS & SHAKERS

Hogan Lovells—Lisa Quelch

Hogan Lovells—Lisa Quelch

Partner hire strengthens global infrastructure and energy financing practice

Sherrards—Jan Kunstyr

Sherrards—Jan Kunstyr

Legal director bolsters international expertise in dispute resolution team

Muckle LLP—Stacey Brown

Muckle LLP—Stacey Brown

Corporate governance and company law specialist joins the team

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