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26 January 2012 / Mark Solon
Categories: Features , Expert Witness , Profession
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Leave it to the experts

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Mark Solon reports on the increasing professional world facing today’s expert witnesses

 

Important changes to the Civil, Criminal and Family Procedure Rules and the recent Supreme Court’s decision to abolish expert witnesses’ immunity from suit (see Jones v Kaney [2011] UKSC 13, [2011] 2 All ER 671) have resulted in solicitors being more careful when assessing the suitability of an expert. It is only fair for a client to expect that in return for the expert’s fee, the expert knows how to be an expert and is properly trained.

Solicitors must adhere to the Protocol for the Instruction of Experts and ensure the expert has “training appropriate to the value, complexity and importance of the case.” Solicitors now look for experts who can demonstrate that they are able to meet deadlines; produce court compliant reports have credibility in the witness box and have a good understanding of the relevant procedure rules. 

Fundamental role

Expert witnesses play a fundamental role within the judicial system by providing opinion-based evidence
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