header-logo header-logo

11 June 2014
Issue: 7610 / Categories: Legal News
printer mail-detail

Experts under suspicion

Rogue experts face “serious” consequences but reform unnecessary

Rules regulating expert witnesses do not need to be reformed despite the findings of a BBC Panorama investigation, a leading provider of training for experts has said.

Undercover Panorama reporters found four expert witnesses who appeared willing to help clients hide the truth, in a programme broadcast this week. Two of the experts later denied the programme’s allegations.

Mark Solon, managing director of expert witness training company Bond Solon, says he has only come across corrupt experts “in press reports”.

He added: “Every expert should know that their primary duty is to the court not the paying party—it is also their duty to tell the truth and to sign a declaration to that effect.

“However, the unenlightened self-interest of experts may be to look to their next set of instructions so there is pressure, perhaps unspoken, to give a response that is favourable to the client.”

Solon says the important point was that there are rules in place.

“Experts who don’t tell the truth risk committing perjury, which is a serious criminal offence,” he says. 

“The case of Jones v Kaney [2011] UKSC 13 makes them liable in contract and they may be sued in negligence for an inadequate opinion. They may also be subject to disciplinary actions by professional bodies as well as a suit in damages by the opposing party.

“Solicitors should ensure that they do not use the expert as an adversarial tool but to assist in understanding a technical issue. They must not put pressure on the expert.

“There are serious consequences for not following the rules. The danger is that, where a solicitor frequently instructs the same expert in the same sort of matters, a system may be set up that tacitly encourages favourable opinions.”

 

Issue: 7610 / Categories: Legal News
printer mail-details

MOVERS & SHAKERS

NLJ Career Profile: John McElroy, London Solicitors Litigation Association

NLJ Career Profile: John McElroy, London Solicitors Litigation Association

From first-generation student to trailblazing president of the London Solicitors Litigation Association, John McElroy of Fieldfisher reflects on resilience, identity and the power of bringing your whole self to the law

Clarke Willmott—Elaine Field

Clarke Willmott—Elaine Field

Planning and environment team expands with partner hire in Manchester

Birketts—Barbara Hamilton-Bruce

Birketts—Barbara Hamilton-Bruce

Firm appoints chief operating officer to strengthen leadership team

NEWS
A wave of scandals has reignited debate over misconduct in public office, criticised as unclear and inconsistently applied. Writing in NLJ this week, Alice Lepeuple of WilmerHale says the offence’s ‘vagueness, overbreadth & inconsistent deployment’ have undermined confidence
FIFA’s 2026 Men's World Cup is already mired in controversy, with complaints over ‘excessive prices’ and opaque ticketing. Writing in NLJ this week, Professor Dr Ian Blackshaw of Valloni Attorneys warns that governing bodies may face scrutiny under EU competition law, with allegations of a ‘dominant—if not monopolistic—position’ in ticket sales
Ten years after Brexit, UK and EU trade mark regimes are drifting apart in practice if not principle. Writing in NLJ this week, Roger Lush and Lara Elder of Carpmaels & Ransford highlight tighter UK scrutiny after SkyKick, where overly broad filings may signal ‘bad faith’
A landmark Supreme Court ruling has underscored the sweeping reach of UK sanctions. In NLJ this week, Brónagh Adams and Harriet Campbell of Penningtons Manches Cooper say the regime is a ‘blunt instrument’ requiring only a factual, not causal, link to restricted goods
Fraud claims are surging, with England and Wales increasingly the forum of choice for global disputes. Writing in NLJ this week, Jon Felce of Cooke, Young & Keidan reports claims have risen sharply, with fraud now a major share of litigation and costing billions worldwide
back-to-top-scroll