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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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NEWS
The Solicitors Regulation Authority (SRA) has warned solicitors and law firms that using artificial intelligence does not alter their professional obligations, amid concerns over inaccurate legal material and client confidentiality
From forgotten interest claims to case-management appeals, a string of procedural developments offers useful—and occasionally cautionary—lessons for practitioners

Jonathan Fisher KC highlights that it now accounts for around 40% of criminal offences, with roughly 70% involving technology, and argues that the UK cannot simply prosecute its way out of the problem. Detection, investigation and prosecution all require improvement, while different fraud types demand tailored responses.

How forcefully can a litigant criticise a public authority before robust advocacy crosses the line into unreasonable conduct? 
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