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Checking in expert witnesses

19 June 2024 / Mark Solon
Issue: 8076 / Categories: Features , Expert Witness , International , Profession
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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 report,

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NEWS
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Bea Rossetto of the National Pro Bono Centre makes the case for ‘General Practice Pro Bono’—using core legal skills to deliver life-changing support, without the need for niche expertise—in this week's NLJ
Small law firms want to embrace technology but feel lost in a maze of jargon, costs and compliance fears, writes Aisling O’Connell of the Solicitors Regulation Authority in this week's NLJ
Charles Pigott of Mills & Reeve reports on Haynes v Thomson, the first judicial application of the Supreme Court’s For Women Scotland ruling in a discrimination claim, in this week's NLJ
The Supreme Court issued a landmark judgment in July that overturned the convictions of Tom Hayes and Carlo Palombo, once poster boys of the Libor and Euribor scandal. In NLJ this week, Neil Swift of Peters & Peters considers what the ruling means for financial law enforcement
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