Expert Matters - The Podcast

Is it acceptable for an Expert Witness to commission a report from a third party expert on one of the issues the Expert Witness has been instructed on and then use the third party expert opinion in their report?

Recent judgment considered the grounds for an application to replace two experts with one new expert and what documents should be disclosed.

The judgement in a recent case highlights issues not only relating to the behaviour of an expert but also in regard to considerations the instructing parties must make, namely: to ensure that the expert is an appropriate expert, to instruct them properly and to ensure that the report answers the questions posed and is compliant with the rules and practice directions.

The Litigation Committee has considered the issue of solicitors commissioning reports directly from medical practitioners.

“When is a psychologist not a psychologist?”

“How to ensure that your expert report is inadmissible”

“The Parole Board adopts experts’ meetings”

While there might be grounds for cross-examination of the expert in question, this did not justify excluding the evidence on the basis of issues that were for the trial judge.

“Are experts limited to giving evidence of opinion?”

“The hazards of flying a kite in court”