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08 November 2018 / Mark Solon
Issue: 7816 / Categories: Features , Expert Witness , Profession
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Behind the times?

Mark Solon offers tips on how to make sure your expert witness keeps up to date

  • An out of date expert witness is a dangerous expert witness and can create considerable risks for the instructing party.
  • So what should a solicitor look for in terms of currency before instructing a potential expert?

Expert witnesses obviously need to be up-to-date in their professional field, but they also need to be up to date in their role as an expert witness.

Clearly, instructing solicitors will want to know that the expert they choose is current in their professional field. Experts do have a sell by date and so those that have retired will have a limited time as an expert witness. Look for current practice and credibility. In civil matters, the time of the events in dispute will be relevant in the choice of expert.

Current knowledge

Professional practice changes all the time and the expert must have current knowledge. There are some exceptions, for example where medical practice at a point in time some

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NEWS
The Attorney General, Ellie Reeves KC MP, and Solicitor General, Andy Slaughter KC MP, marked the 25th anniversary of Pro Bono Week by joining lawyers, charities, students and parliamentarians at events celebrating voluntary legal work
Witness evidence can be compromised by AI before a solicitor sees the draft, leaving safeguards focused on authorship incomplete
Possession claims are entering a new digital era, with procedural traps awaiting practitioners who assume familiar rules still govern every step
A polished legal defence may owe more to artificial intelligence than legal merit—and creditors risk paying the price in delay and expense
An indemnity costs battle with a £20m gap could reopen an important question: what weight should an approved budget carry?
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