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21 February 2019 / Martin Burns
Issue: 7829 / Categories: Features , Profession , Expert Witness
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A model expert

Martin Burns reflects on the ever-changing role & duties of the expert witness

  • Being a technical expert does not necessarily make someone a good expert witness.

The use of experts to inform legal proceedings is nothing new. The ancient Romans, for example, occasionally employed handwriting specialists and land surveyors as legal experts. However, the systematic use of expert witnesses, and the routine admissibility of their testimony and subject matter expertise, really began to develop properly from around 250 years ago.

The model we recognise today whereby an expert witness is permitted to testify in court and provide opinion evidence can be traced to 1772. In the case of Folkes v Chadd, a civil engineer by the name of John Smeaton was instructed to provide testimony about technical issues concerning the development of a harbour at Wells-Next-The-Sea in Norfolk. The court’s decision in 1772, to use Smeaton’s opinion evidence to inform its substantive decision, was a starting point for a continuous expansion of expert testimony in court and other proceedings.

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DAC Beachcroft—Paul Brehony

DAC Beachcroft—Paul Brehony

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Slater Heelis—Helen Marsh

Slater Heelis—Helen Marsh

Commercial property team expands in Manchester with partner appointment

NEWS
SRM Recruitment has been announced as the headline sponsor of the Law Society RFC Festival of Sport 2026, which will take place on 20 September at Richmond Athletic Association. The specialist legal search firm joins the event as organisers prepare to welcome more than 110 teams across five sports, including rugby sevens, netball and five-a-side football
The civil justice landscape could be heading for a shake-up, with reform of the Solicitors Act 1974 gathering pace
Global mobility is transforming family law, creating new challenges around jurisdiction, assets and child arrangements
Employers are being urged to prepare now for far-reaching employment law changes taking effect in January 2027
As family structures evolve, the law may face difficult questions about inheritance rights for those in polyamorous relationships
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