Part one: Mark Solon considers the skills and qualities of the right expert
Expert advice and evidence can be crucial to the outcome of many civil disputes. Solicitors and their clients invariably benefit from early specialist advice in disputes about technical or scientific matters, and in potential professional negligence claims. The right expert advice at the right time can prevent weak claims from being pursued, and can help to isolate the key issues in claims with a good prospect of success.
Judges are greatly assisted by explanations by experts of the facts and issues in many technical cases; they frequently rely upon medical and valuation reports to assess the quantum of claims (as varied as personal injury and those arising from building projects) and are dependent upon quality opinion evidence, often from more than one source, to help them to decide professional negligence claims.
Conversely, unnecessary or inappropriate evidence from experts can add considerable expense but little value, and poor reports or oral evidence from experts with insufficient expertise, or who fail to understand their role,