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06 June 2014 / Mark Solon
Issue: 7609 / Categories: Features , Expert Witness , Profession
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Too high a risk?

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Is being an expert witness still worth it, asks Mark Solon

Being an expert witness has become much more of an exacting career path in recent years. No longer the “cushy number” some might have considered it 30 years ago, giving expert evidence in court is now fraught with new legislation. In particular, with the introduction of Lord Justice Jackson’s reforms last April, the focus has moved to cost, speed and narrowing down evidence to what is strictly relevant. Experts must now look much more carefully at their fees and what they can achieve within stricter timescales.

In addition, when, three years ago, the Supreme Court overturned centuries of established legal wisdom, expert witnesses could no longer enjoy protection from liability for negligence. Experts can now be sued if their work is found to be deficient. So one may well ask—is it still worth it? Is it safer to stick with the day job?

Change for the better?

Some experts admit they are now much more risk averse in the light of recent legislation. Others believe the pressure on costs is a

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Flint Bishop—Deborah Niven

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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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