header-logo header-logo

15 August 2014 / Mark Solon
Issue: 7619 / Categories: Features , Expert Witness , Profession
printer mail-detail

Expert guidance

profession_expert_witness_solon

Mark Solon provides a checklist to consider when looking for an expert witness who is right for the job

A solicitor needs to make sure that before instructing an expert that the expert is right for the issue in dispute and the expert must say no if they are not right for the job. Since Jones v Kaney [2011] UKSC 13, [2011] 2 All ER 671, that allows experts to be sued in contract and negligence for the opinion given, it has become even more important to have proper due diligence in the selection process. Also experts need to be familiar with costs budgeting and the need for compliance with court timetables since the Jackson reforms. Here are some pointers to help.

What to ask a potential new expert to provide

  1. Their qualifications, a CV and brochure. 

    Most regular expert witnesses have a CV or brochure. Study it carefully. Questions to consider include:

    Are they sufficiently senior in their field?
    Does the case really need a senior person or will a “rising” expert be

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Switalskis—Naila Arif, Harriet Findlay & Ellie Thompson

Switalskis—Naila Arif, Harriet Findlay & Ellie Thompson

Firm awards training contracts to paralegals through internal programme

Ward Hadaway—Matthew Morton

Ward Hadaway—Matthew Morton

Private client disputes specialist joins commercial litigation team

Thomson Hayton Winkley—Nina Hood

Thomson Hayton Winkley—Nina Hood

Cumbria firm appoints new head of residential property

NEWS
Freezing orders in divorce proceedings can unexpectedly ensnare third parties and disrupt businesses. In NLJ this week, Lucy James of Trowers & Hamlins explains how these orders—dubbed a ‘nuclear weapon’—preserve assets but can extend far beyond spouses to companies and business partners 
A Court of Appeal ruling has clarified that ‘rent’ must be monetary—excluding tenants paid in labour from statutory protection. In this week's NLJ, James Naylor explains Garraway v Phillips, where a tenant worked two days a week instead of paying rent
Three men wrongly imprisoned for a combined 77 years have been released—yet received ‘not a penny’ in compensation, exposing deep flaws in the justice system. Writing in NLJ this week, Dr Jon Robins reports on Justin Plummer, Oliver Campbell and Peter Sullivan, whose convictions collapsed amid discredited forensics, ‘oppressive’ police interviews and unreliable ‘cell confessions’
A quiet month for employment cases still delivers key legal clarifications. In his latest Employment Law Brief for NLJ, Ian Smith reports that whistleblowing protection remains intact even where disclosures are partly self-serving, provided the worker reasonably believes they serve the ‘public interest’ 
Family law must shift from conflict-driven litigation to child-centred problem-solving, according to a major new report. Writing in NLJ this week, Caroline Bowden of Anthony Gold outlines findings showing overwhelming support for reform, with 92% agreeing lawyers owe duties to children as well as clients
back-to-top-scroll