Nearly one third of expert witnesses say they have been put under pressure to alter a report in a way that damages their impartiality, research has shown.
Experiences included being asked to remove “damaging” sections of their report or being asked to re-write it in the client’s favour. Some experts said that solicitors had refused to pay them for their “unhelpful” report.
The shocking results were captured in a survey of 186 expert witnesses at the Bond Solon Annual expert Witness Conference in London in November. Experts are bound by civil, commercial and family procedural rules and have a duty to justice above their duty to any paying client.
However, one expert recalls: “Solicitors were asking for quoted GP notes entries to be changed. I always refused.” Another expert told how a solicitor told them “you have a duty to the court to do as instructed by the solicitor”, while another was threatened with liability for wasted costs if they refused to make changes.
An overwhelming 45% of experts said they had encountered what they believed to be “hired guns” in the past year, backing up a recent BBC Panorama investigation that found experts in handwriting, CCTV analysis and animal behaviour prepared to help clients hide the truth.
About one third of experts supported mandatory accreditation in their area, as the government is proposing in the area of whiplash claims, and 44% would like to see better regulation of experts. Tim Dutton QC, a guest speaker at the conference, told delegates it would be “difficult” to set up a separate regulatory entity for experts. Bond Solon director, Mark Solon also told NLJ last week that attempting to regulate one-off experts would be problematic.
Hourly rates ranged from £32 to £500 per hour, with an average of £177.
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