Expert Judgement

Acting as an expert requires a tricky blend of technical expertise and legal/commercial nous – and sometimes experts get it wrong. This usually results from an excess of enthusiasm for their client’s case – so if you are planning to instruct an expert, or acting as one for the first time there are two things you should do.

Firstly read the rules. In England and Wales that means the Civil Procedure Rules Part 35 or the Criminal Procedure Rules Part 19 and their associated practice directions.

Secondly, read any one of these cases where experts have gone wrong to understand what not to do!

THE EXPERT AS ADVOCATE AND PROVIDING “CRITICAL COMMENTARY”: IMPORTANT POINTS ON THE ROLE OF THE EXPERT WITNESS TO TAKE AWAY

Gordon Exall, Civil Litigation Brief

In two recent but very different cases, there have been unusually strong criticisms of expert witnesses. They highlight the need for any expert witness to be seen to be independent and impartial and for their evidence to be balanced and not one-sided.

Ben Zielinski, Shoosmiths

Carbon credit fraud trial collapses as expert witness was no expert

Clive Coleman Legal correspondent, BBC News

Stick to your Expertise and Understand Your Duties

Paul Sankey, Inspire News

Relevant cases from the Expert and Dispute Resolver

Academy of Experts

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