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11 November 2022 / Dr Chris Pamplin
Issue: 8002 / Categories: Features , Profession , Expert Witness
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Expert witnesses: Out for hire?

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The independence of experts—can any more warnings be needed, asks Chris Pamplin
  • Covers caselaw illustrating disastrous examples where solicitors have ignored the independence of experts.

It is always frustrating when expert witness independence has to be called into question. Just when you think you’ve seen the worst transgression, another two come along.

Surely everyone knows that experts must not act as ‘hired guns’? Civil Procedure Rules (CPR) Part 35 makes clear that an expert’s first duty is to the court, and this overrides any obligation to those who instruct or pay the expert.

Where the court directs discussions to take place between experts, neither the parties nor their legal representatives may attend, unless this has been ordered by the court or agreed by all parties and the experts. In the course of discussions, experts must give their own opinions to assist the court, and do not require the authority of the parties to sign a joint statement. The report must reflect the expert’s own opinion, and it should not be influenced by the instructing party. Neither should experts

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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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