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05 December 2014 / Mark Solon
Issue: 7633 / Categories: Features , Expert Witness , Profession
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Under pressure

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The Bond Solon Annual Expert Witness Survey highlights the stresses that witnesses are facing, says Mark Solon

Expert witnesses say they are being put under pressure to change their reports, according to the latest Bond Solon Annual Expert Witness Survey. In a survey of 186 expert witnesses, 55 respondents said they had been asked to, or felt pressurised to, alter a report, in a way that damaged their impartiality. Witnesses’ experiences ranged from being asked to remove sections of reports which were seen as damaging to the client’s case to being asked to re-write in their favour. Other experts said some solicitors had even refused to pay them if they felt they had written an “unhelpful” report. One said: “A leading firm of solicitors tried to pressurise me on more than one occasion as the client didn’t like my conclusions.” Another expert witness said: “Solicitors were asking for the report to be changed materially to the client’s advantage. Other solicitors were asking for quoted GP notes entries to be changed. I always refused.”

Sticking to the rules

Expert witnesses are currently bound by civil,

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NEWS
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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’
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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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