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16 October 2014 / Catherine Cameron
Issue: 7626 / Categories: Features , Expert Witness , Profession
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Taking the stand

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Catherine Cameron suggests that only the paranoid survive

Who would be an expert witness? A question many have asked after seeing some poor expert made to look a right chump by a smart litigating lawyer. The expert could have many years of experience–a true expert in their field–with a report in hand that they were proud of–until now, standing in the witness box, wishing the ground would swallow them up.

The lawyer has taken a couple of minor points that the expert didn’t spend much time on, has blown them out of all proportion, and made the points (and the expert) sound ridiculous. The cross examiner has taken a scalpel (no need for a sledge hammer) to humiliate the expert. It is only one of many cross-examination techniques in the lawyer’s arsenal used to undermine an expert’s testimony and credibility. A good cross-examiner has many such weapons and they try to use them to great effect to make the expert look unprepared, incompetent, dishonest, or all of the above.

To some, being cross

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NEWS
Talk of a reserved ‘Welsh seat’ on the Supreme Court is misplaced. In NLJ this week, Professor Graham Zellick KC explains that the Constitutional Reform Act treats ‘England and Wales’ as one jurisdiction, with no statutory Welsh slot
The government’s plan to curb jury trials has sparked ‘jury furore’. Writing in NLJ this week, David Locke, partner at Hill Dickinson, says the rationale is ‘grossly inadequate’
A year after the $1.5bn Bybit heist, crypto fraud is booming—but so is recovery. Writing in NLJ this week, Neil Holloway, founder and CEO of M2 Recovery, warns that scams hit at least $14bn in 2025, fuelled by ‘pig butchering’ cons and AI deepfakes
After Woodcock confirmed no general duty to warn, debate turns to the criminal law. Writing in NLJ this week, Charles Davey of The Barrister Group urges revival of misprision or a modern equivalent
Family courts are tightening control of expert evidence. Writing in NLJ this week, Dr Chris Pamplin says there is ‘no automatic right’ to call experts; attendance must be ‘necessary in the interests of justice’ under FPR Pt 25
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