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17 May 2013 / Mark Solon
Issue: 7560 / Categories: Features , Expert Witness , Profession
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What makes an expert witness?

Mark Solon explains how to field the best people for your client’s needs

An expert can make or break a case so it is essential to choose wisely. What is the court looking for? Experts should be truly independent: their first duty is to the court. Rather than a range of experts, judges prefer a single joint expert advising all parties so that there is only one report and opinion to consider.

Experts need to be trained in compliance with the Civil Procedure Rules to understand their role and court protocol. Since the ruling in Jones v Kaney [2011] UKSC 13, [2011] 2 All ER 671, experts in legal proceedings are no longer immune from negligence claims, so they should have professional indemnity insurance.

What are you looking for?

Before any litigation, seek a well-regarded, independent expert with knowledge of the type of dispute and the uncertainties of litigation. He or she should be able to handle deadlines and work with limited information, rather than write stellar reports or shine in the witness box.

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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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