header-logo header-logo

Under the influence?

13 June 2019 / Dr Chris Pamplin
Issue: 7844 / Categories: Features , Profession , Expert Witness
printer mail-detail
Chris Pamplin explains why mentoring schemes must be disclosed
  • Experts need to be cautious not to hide the use of any mentor or peer-review system.

The duties of an expert witness, as laid down in The Ikarian Reefer (National Justice Cia Naviera SA v Prudential Assurance Co Ltd [1993] 2 Lloyd’s Rep 68, [1993] FSR 563) are well established and all expert witnesses should be familiar with them. Uppermost among these is that the expert owes an overriding duty to the court, before any obligation to the person from whom they had received instructions or payment, or to any commissioning organisation. Protocols dictate that experts must be independent, and their views should be given without outside influence and should be free of witness ‘coaching’.

What’s required?

In David Pinkus v Direct Line Group [2018] EWHC 1671 (QB) we have a recent example of a case in which an expert failed in this duty. As a result, the court gave a useful ruling on what is required.

The case involved two neuropsychologist

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

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

NEWS
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
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
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
Writing in NLJ this week, Thomas Rothwell and Kavish Shah of Falcon Chambers unpack the surprise inclusion of a ban on upwards-only rent reviews in the English Devolution and Community Empowerment Bill
Charles Pigott of Mills & Reeve charts the turbulent progress of the Employment Rights Bill through the House of Lords, in this week's NLJ
back-to-top-scroll