Expert Witnesses: a reminder

Expert Witness Members who practise as expert witnesses will no doubt be aware that the courts are becoming increasingly willing to criticise experts in their judgements, in some cases very severely, where they fall short of what is expected of them. Such cases are often given much publicity in the various trade press, which can affect their reputation.

Members are therefore reminded to ensure that they are fully aware of their duties under the Civil Procedure Rules, and cautioned to only undertake appointments within their expertise in accordance with the Institute’s Code of Conduct.  

Given that fewer cases are now going before the courts (because they are dealt with under other forms of ADR), there are now less opportunities for experts to gain experience in giving evidence in court (and hone their skills in giving evidence). Members should therefore give serious consideration to not only undertaking relevant training (and refresher training) in acting as expert and writing expert reports but also consider undertaking training in the giving of evidence in court. Such court room skill training is available from providers in this field.

Paul Greenwood MCIAT