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19 June 2024 / Mark Solon
Issue: 8076 / Categories: Features , Expert Witness , International , Profession
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Checking in expert witnesses

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Mark Solon provides a handy checklist on how to direct experts instructed in overseas cases

Often a foreign lawyer will want to instruct an English or Welsh expert witness to give evidence in matters in their jurisdiction. The lawyer will ask a lawyer in England and Wales to act as agent or ask their office in England and Wales to find and instruct an expert. Several questions arise from such a request—perhaps the most important element being what jurisdiction applies to the matter in question.

The expert may well be familiar with their own court system, but not with that of the foreign jurisdiction. An expert witness needs two skillsets: first, as a professional in their specialist area with the relevant knowledge, experience, and qualifications appropriate to the issues in dispute; and second, the skills to be an expert witness in the foreign jurisdiction. This second skillset requires them to know the appropriate methodology with which to conduct an investigation in a court-compliant way, and know how to construct a court-compliant

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MOVERS & SHAKERS

Walkers—Muriel Marseille

Walkers—Muriel Marseille

Ashurst's Chief Risk Officer joins Walkers

Excello Law—John Osborne

Excello Law—John Osborne

Northern family lawyer John Osborne joins Excello

mfg Solicitors—Rebecca Rogers, Kennedy Langley & Victoria Griffiths

mfg Solicitors—Rebecca Rogers, Kennedy Langley & Victoria Griffiths

Trio of promotions announced at Kidderminster law firm mfg Solicitors

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The Financial Conduct Authority (FCA) continues to show that failing to disclose regulatory issues can attract harsher consequences than the original misconduct itself
Rejecting a generous settlement can prove an expensive mistake, as two recent high-profile cases demonstrate
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