Mark Solon explores some of the reasons why experts might feel compelled to forgo their overriding responsibilities to the court
- Expert witnesses and solicitors must have a close professional relationship to work effectively together.
- All expert reports must contain a statement that the expert understands and has complied with their duty to the court.
- Some disturbing data on the independence of expert witnesses and the way they work with instructing solicitors.
The Bond Solon Expert Witness Survey 2023, conducted in association with The Law Society Gazette, produced some disturbing data on the independence of expert witnesses and the way they work with instructing solicitors. Expert witnesses and solicitors must have a close professional relationship to work effectively together where there are issues in dispute in a matter that need expert opinion evidence.
The survey covers several important areas around this relationship, particularly around the concept of independence where, although an expert is paid by the instructing party, the duty of the expert is to the court. The survey looks at problems when the instructing solicitor wants to do
