header-logo header-logo

28 January 2022 / Dr Chris Pamplin
Issue: 7964 / Categories: Features , Profession , Expert Witness
printer mail-detail

Expert witness: No right of reply?

70036
Dr Chris Pamplin looks at a recent ECtHR judgment that highlights the unfairness in judicial criticism of expert witnesses & offers a possible solution
  • Addressing the unfairness often seen with judicial criticism of experts.
  • The Hamid procedure.

One of the more serious sanctions an expert criticised by the court might face is a complaint being made to their professional body. Many will remember cases, such as that of Professor Roy Meadow and Dr Waney Squier (eg see ‘Confronting dogma’, 167 NLJ 7741, p19) where judicial criticism led to damaging proceedings before professional tribunals.

Unfairness of judicial criticism of experts

Given the often far-reaching effect of judicial criticism, it is, perhaps, surprising that experts subjected to it have little or no recourse to reply prior to a complaint being lodged. Their first opportunity to respond may come only once they face a duly constituted tribunal of their professional body. By that time, the damage may already have been done.

In the Upper Tribunal (Lands Chamber) decision in Gardiner & Theobald LLP v Jackson (Valuation Officer) [2018] UKUT

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

Anthony Collins—20 promotions

Anthony Collins—20 promotions

20 promotions mark major people investment at national law firm, Anthony Collins

Sidley—Elaine Whiteford

Sidley—Elaine Whiteford

Sidley adds competition litigator Elaine Whiteford in London

Charles Russell Speechlys—Claudina D’Costa

Charles Russell Speechlys—Claudina D’Costa

Charles Russell Speechlys welcomes Claudina D’Costa as Director of Client Development Marketing

NEWS
The 25th Pro Bono Week begins today until 6 November, with events hosted by law firms, chambers, law schools and charities across the UK
Pro bono is celebrating a silver anniversary, with initiatives putting businesses and students at the heart of access to justice
Choosing the wrong expert can cost a clinical negligence claimant more than their case
Judges risk weakening their own independence by staying silent over government reforms, a leading public lawyer argues
A discount on damages does not automatically mean an equivalent haircut for legal costs in military deafness claims
back-to-top-scroll