header-logo header-logo

13 November 2019
Issue: 7864 / Categories: Legal News , Expert Witness , Profession
printer mail-detail

Expert witnesses voice bias concerns

Nearly 60% of expert witnesses believe judges should have powers to permanently disqualify experts who don’t understand their role.

Experts’ suggestions, put forward in the 2019 Bond Solon annual expert witness survey report, published last week, ranged in leniency, including compulsory training, temporary disqualification, a ‘one strike and you’re out’ rule, and sanctions for both expert and instructing solicitor. 

Although experts’ duties are always to the court, not the solicitor who hired them, the survey uncovered a worrying level of misunderstanding. Solicitors also need to step up their game―properly vetting the expert, ensuring they understand their role and, above all, not putting pressure on them to lean in a particular direction. An astonishing 41% of the 550 experts surveyed have come across a ‘hired gun’ in the past 12 months and almost half have experience of an expert claiming expertise they do not have. Moreover, one quarter of the experts have been pressurised by solicitors on their impartiality. One expert complained that the lawyer ‘completely changed my report, put in extra paragraphs and deleted great chunks in order to make my opinion suit his client’. 

More than 70% of the 550 experts surveyed think the instructing solicitor should be liable for costs if they fail to exercise due diligence in the selection and instruction of an expert. According to Mark Solon, solicitor and founder of Bond Solon, one point to look out for is consistency of details in the expert’s LinkedIn profile, CV, directory entries and website, as the other side will pounce on any discrepancy.

The issue of irresponsible experts gained prominence recently through the collapse of some high-profile cases. In May, the discovery that expert Andrew Ager had no relevant qualifications sunk a £7m carbon credit fraud trial. 

Mark Solon said: ‘Despite the survey revealing expert bias and irresponsibility, one must remember that many thousands of cases each year involve competent experts who greatly assist lawyers in settling actions where appropriate and judges and juries in clarifying technical issues.

‘Due diligence exercised by instructing solicitors prior to engaging experts, careful consideration by presiding judges and vigorous cross examination should help reveal problem experts.’

MOVERS & SHAKERS

WSP Solicitors—David Ashcroft & Jessica O’Shea

WSP Solicitors—David Ashcroft & Jessica O’Shea

Commercial property and child law teams expand with senior hires

Duxton Hill Chambers—Lucas Bastin KC & Joshua Hiew

Duxton Hill Chambers—Lucas Bastin KC & Joshua Hiew

Set expands London and Singapore offering with senior international disputes hires

Gilson Gray—Gregor Duthie & Stephen Forsyth

Gilson Gray—Gregor Duthie & Stephen Forsyth

Firm strengthens real estate and litigation teams with partner promotions

NEWS
Behind the profession’s polished exterior, lawyers are ‘internally drained rather than physically tired’, according to a stark assessment of burnout in legal practice
Five years after the Domestic Abuse Act 2021 came into force, concerns remain that the family courts continue to minimise allegations of abuse in child contact disputes
Uber has built a formidable strategy for insulating itself from liability for drivers’ conduct, but the legal terrain differs sharply between the US and England and Wales
The House of Lords (Hereditary Peers) Act 2026 marks a constitutional watershed by severing the centuries-old link between hereditary titles and automatic membership of the upper chamber
The Civil Justice Council’s review of Part III of the Solicitors Act 1974 could mark the end of what one commentator calls an ‘outdated’ and overly technical regime governing solicitor-client fee disputes
back-to-top-scroll