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
