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13 June 2019 / Dr Chris Pamplin
Issue: 7844 / Categories: Features , Profession , Expert Witness
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Under the influence?

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

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MOVERS & SHAKERS

mfg Solicitors—Deborah Bufton

mfg Solicitors—Deborah Bufton

Law firm boosts residential property team with new associate appointment

Flint Bishop—Russell Bainbridge

Flint Bishop—Russell Bainbridge

Flint Bishop lands corporate partner from Knights amid Sheffield growth drive

Bird & Bird—Huw Edwards

Bird & Bird—Huw Edwards

Bird Bird appoints expert tech patent litigator as new partner in London

NEWS
The Law Society RFC Festival of Sport returns next month, bringing together legal and financial services professionals for one of the sector’s largest annual sporting events
Legal aid deserts leave almost one in four without adequate access to justice
The Solicitors Regulation Authority (SRA) has warned solicitors and law firms that using artificial intelligence does not alter their professional obligations, amid concerns over inaccurate legal material and client confidentiality
From forgotten interest claims to case-management appeals, a string of procedural developments offers useful—and occasionally cautionary—lessons for practitioners

Jonathan Fisher KC highlights that it now accounts for around 40% of criminal offences, with roughly 70% involving technology, and argues that the UK cannot simply prosecute its way out of the problem. Detection, investigation and prosecution all require improvement, while different fraud types demand tailored responses.

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