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17 May 2013 / Mark Solon
Issue: 7560 / Categories: Features , Expert Witness , Profession
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What makes an expert witness?

Mark Solon explains how to field the best people for your client’s needs

An expert can make or break a case so it is essential to choose wisely. What is the court looking for? Experts should be truly independent: their first duty is to the court. Rather than a range of experts, judges prefer a single joint expert advising all parties so that there is only one report and opinion to consider.

Experts need to be trained in compliance with the Civil Procedure Rules to understand their role and court protocol. Since the ruling in Jones v Kaney [2011] UKSC 13, [2011] 2 All ER 671, experts in legal proceedings are no longer immune from negligence claims, so they should have professional indemnity insurance.

What are you looking for?

Before any litigation, seek a well-regarded, independent expert with knowledge of the type of dispute and the uncertainties of litigation. He or she should be able to handle deadlines and work with limited information, rather than write stellar reports or shine

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NEWS
The Attorney General, Ellie Reeves KC MP, and Solicitor General, Andy Slaughter KC MP, marked the 25th anniversary of Pro Bono Week by joining lawyers, charities, students and parliamentarians at events celebrating voluntary legal work
Witness evidence can be compromised by AI before a solicitor sees the draft, leaving safeguards focused on authorship incomplete
Possession claims are entering a new digital era, with procedural traps awaiting practitioners who assume familiar rules still govern every step
The Environment Agency can prosecute offences beyond environmental legislation where proceedings support its statutory functions, the Divisional Court has confirmed
A polished legal defence may owe more to artificial intelligence than legal merit—and creditors risk paying the price in delay and expense
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