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24 November 2023 / Mark Solon
Issue: 8050 / Categories: Features , Profession , Expert Witness
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Expert witnesses: Independent minds?

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Mark Solon explores some of the reasons why experts might feel compelled to forgo their overriding responsibilities to the court
  • Expert witnesses and solicitors must have a close professional relationship to work effectively together.
  • All expert reports must contain a statement that the expert understands and has complied with their duty to the court. 
  • Some disturbing data on the independence of expert witnesses and the way they work with instructing solicitors.

The Bond Solon Expert Witness Survey 2023, conducted in association with The Law Society Gazette, produced some disturbing data on the independence of expert witnesses and the way they work with instructing solicitors. Expert witnesses and solicitors must have a close professional relationship to work effectively together where there are issues in dispute in a matter that need expert opinion evidence.

The survey covers several important areas around this relationship, particularly around the concept of independence where, although an expert is paid by the instructing party, the duty of the expert is to the court. The survey

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NEWS
Contract damages are usually assessed at the date of breach—but not always. Writing in NLJ this week, Ian Gascoigne, knowledge lawyer at LexisNexis, examines the growing body of cases where courts have allowed later events to reshape compensation
The Supreme Court has restored ‘doctrinal coherence’ to unfair prejudice litigation, writes Natalie Quinlivan, partner at Fieldfisher LLP, in this week' NLJ
The High Court’s refusal to recognise a prolific sperm donor as a child’s legal parent has highlighted the risks of informal conception arrangements, according to Liam Hurren, associate at Kingsley Napley, in NLJ this week
The Court of Appeal’s decision in Mazur may have settled questions around litigation supervision, but the profession should not simply ‘move on’, argues Jennifer Coupland, CEO of CILEX, in this week's NLJ
A simple phrase like ‘subject to references’ may not protect employers as much as they think. Writing in NLJ this week, Ian Smith, barrister and emeritus professor of employment law at UEA, analyses recent employment cases showing how conditional job offers can still create binding contracts
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