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Selecting the best

23 October 2008
Issue: 7342 / Categories: Features , Expert Witness
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Part two: Mark Solon considers the skills and qualities of the right expert

Expert witnesses only are permitted to offer opinions to the court on the meaning and implication of other evidence that may influence the outcome of the case. The courts are concerned to ensure that opinions are offered by reputable people, following recognised disciplines of knowledge.

The civil courts, under the CPR (rr 32.1, 35.1 and 35.4), have complete control over evidence, including expert evidence. Moreover, the Pre-action Practice Direction states that if parties need an expert pre-action they should if possible engage an agreed expert, and should be aware that if proceedings are issued the court may not allow the use of the expert's report or the recovery of the costs (paras 4.9–10).

    The CPR emphasise the role of the expert as adviser to the court, and that experts should be independent from the party who instructs them (CPR 35.3).  
- The courts have greater control, through judicial case management, over evidence in general (and expert evidence in particular), and over the costs

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MOVERS & SHAKERS

Birketts—trainee cohort

Birketts—trainee cohort

Firm welcomes new cohort of 29 trainee solicitors for 2025

Keoghs—four appointments

Keoghs—four appointments

Four partner hires expand legal expertise in Scotland and Northern Ireland

Brabners—Ben Lamb

Brabners—Ben Lamb

Real estate team in Yorkshire welcomes new partner

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Robert Taylor of 360 Law Services warns in this week's NLJ that adoption of artificial intelligence (AI) risks entrenching disadvantage for SME law firms, unless tools are tailored to their needs
The Court of Protection has ruled in Macpherson v Sunderland City Council that capacity must be presumed unless clearly rebutted. In this week's NLJ, Sam Karim KC and Sophie Hurst of Kings Chambers dissect the judgment and set out practical guidance for advisers faced with issues relating to retrospective capacity and/or assessments without an examination
Delays and dysfunction continue to mount in the county court, as revealed in a scathing Justice Committee report and under discussion this week by NLJ columnist Professor Dominic Regan of City Law School. Bulk claims—especially from private parking firms—are overwhelming the system, with 8,000 cases filed weekly
Charles Pigott of Mills & Reeve charts the turbulent progress of the Employment Rights Bill through the House of Lords, in this week's NLJ
From oligarchs to cosmetic clinics, strategic lawsuits against public participation (SLAPPs) target journalists, activists and ordinary citizens with intimidating legal tactics. Writing in NLJ this week, Sadie Whittam of Lancaster University explores the weaponisation of litigation to silence critics
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