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16 August 2018 / Dr Chris Pamplin
Issue: 7806 / Categories: Features , Expert Witness , Profession
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Who should bear the cost of experts’ mistakes?

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Is a Crown expert witness part of the team or independent? Chris Pamplin looks at the costs implications

  • The CPS does not bear costs liability for the errors of its experts, Sharp LJ held in R v Aylesbury Crown Court.

When considering orders for costs against one or other of the parties, it is reasonable for the court to take into consideration the conduct of the parties and any failures or omissions made by them. It might seem reasonable that this extends to the activities of all persons involved on the party’s behalf, including expert witnesses. In this respect, then, one might think that expert witnesses are indivisible from the ‘legal team’.

This was the view taken by the Crown Court sitting at Aylesbury, whose cost order against the Crown Prosecution Service (CPS) was the subject of an application by the Director of Public Prosecutions (DPP) for judicial review. The DPP’s application was made following an order that the CPS pay the defendant’s costs following the collapse

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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
A polished legal defence may owe more to artificial intelligence than legal merit—and creditors risk paying the price in delay and expense
An indemnity costs battle with a £20m gap could reopen an important question: what weight should an approved budget carry?
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