header-logo header-logo

28 October 2022 / Mark Solon
Issue: 8000 / Categories: Features , Profession , Expert Witness
printer mail-detail

Expert witness statements: Too many cooks?

98913
Joint statements are not a group activity: Mark Solon warns against improper influence on an expert’s opinion
  • A recent High Court case, in which an expert witness was found to have shared a draft joint statement with counsel and asked for their comments, is a reminder of the importance of avoiding outside influence on an expert witness’s opinion.

What happens if an expert’s draft joint statement after discussions with other experts is influenced by another party, such as a member of the legal team? The recent case of Pickett v Balkind [2022] EWHC 2226 (TCC) involved an expert witness who opened himself up to cross-examination at trial after it emerged in a pre-trial application that he had sent a draft of the joint statement to counsel, and had received comments back for consideration and inclusion in the final version.

What was the background?

The case was a first-instance decision in the Technology and Construction Court (TCC) of Judge Paul Matthews. The matter involved a tree subsidence claim, involving

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

NLJ Career Profile: Stephen Ward, The Barrister Group

NLJ Career Profile: Stephen Ward, The Barrister Group

From mowing lawns to life at the Bar: Stephen Ward reflects on an unconventional career

Clarke Willmott—Ben Loosemore

Clarke Willmott—Ben Loosemore

Commercial property partner joins Clarke Willmott in Southampton

Ellisons—Robert Tiffen

Ellisons—Robert Tiffen

Robert Tiffen joins Ellisons as Partner in growing Norwich office

NEWS
The Law Society RFC Festival of Sport returns next month, bringing together legal and financial services professionals for one of the sector’s largest annual sporting events
Legal aid deserts leave almost one in four without adequate access to justice
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.

back-to-top-scroll