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18 September 2008
Issue: 7337 / Categories: Features , Expert Witness
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Selecting the best

Part one: Mark Solon considers the skills and qualities of the right expert

Expert advice and evidence can be crucial to the outcome of many civil disputes. Solicitors and their clients invariably benefit from early specialist advice in disputes about technical or scientific matters, and in potential professional negligence claims. The right expert advice at the right time can prevent weak claims from being pursued, and can help to isolate the key issues in claims with a good prospect of success.

Judges are greatly assisted by explanations by experts of the facts and issues in many technical cases; they frequently rely upon medical and valuation reports to assess the quantum of claims (as varied as personal injury and those arising from building projects) and are dependent upon quality opinion evidence, often from more than one source, to help them to decide professional negligence claims.

Conversely, unnecessary or inappropriate evidence from experts can add considerable expense but little value, and poor reports or oral evidence from experts with insufficient expertise, or who fail to understand their role, can lose a case. Selecting and instructing the right expert

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MOVERS & SHAKERS

Jurit LLP—Caroline Williams

Jurit LLP—Caroline Williams

Private wealth and tax team welcomes cross-border specialist as consultant

Freeths—Michelle Kirkland Elias

Freeths—Michelle Kirkland Elias

International hospitality and leisure specialist joins corporate team as partner

Flint Bishop—Deborah Niven

Flint Bishop—Deborah Niven

Firm appoints head of intellectual property to drive northern growth

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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