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24 November 2023 / Mark Solon
Issue: 8050 / Categories: Features , Profession , Expert Witness
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Expert witnesses: Independent minds?

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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

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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
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