This article was co-authored by Nikita Singh, Trainee Solicitor, London and was originally published in Volume 28 No 2 of The Expert and Dispute Resolver.
As readers will be aware, the foremost duty of an expert witness is owed to the court, and this overrides any obligations to the instructing party and/or their insurers.
The importance of providing expert evidence in court proceedings cannot be underestimated. Lawyers and judges are hugely dependant on expert evidence, and it undoubtedly forms a significant role in determining the outcome of a case.
Identifying the problems commonly associated with expert evidence and considering how to overcome them, can assist lawyers to better prepare cases for trial, and help position expert witness as one of the key ‘go to’ and respected experts in their field.
Helpfully, the role of expert witnesses has been reviewed in recent cases and these decisions shed light on what the courts expect from experts. We have analysed some of these decisions and key themes arising below, along with offering some practical considerations from a lawyer’s point of view.