Podcast Episode 7: Review of 2024 Podcast Episode 7: Review of 2024

Podcast Episode 7: Review of 2024

In the last podcast for 2024, we look back at the ten key issues for expert witnesses that we've seen over the course of 2024, and highlight the...
When expert evidence falls well below the standard of a competent expert witness When expert evidence falls well below the standard of a competent expert witness

When expert evidence falls well below the standard of a competent expert witness

The judge found that the evidence of the claimants' psychological expert fell well below the standard to be expected of a competent expert...
The EWI to leave X The EWI to leave X

The EWI to leave X

The Expert Witness Institute has made the decision to discontinue its presence on X (formerly Twitter).
EWI Refreshes Core Training offering EWI Refreshes Core Training offering

EWI Refreshes Core Training offering

The Expert Witness Institute (EWI) is excited to announce a refresh of its core training offering.
A fundamentally dishonest claimant A fundamentally dishonest claimant

A fundamentally dishonest claimant

This case concerns a fundamentally dishonest claimant. The judge held that the experts in the case were reliant on self-reporting by the claimant, who...
Transparency and Open Justice Board Key Objectives Transparency and Open Justice Board Key Objectives

Transparency and Open Justice Board Key Objectives

Board is now engaging on its proposed Key Objectives. The Key Objectives represent the high-level outcomes that, once finalised, will guide the...
An unsafe conviction with flawed DNA evidence An unsafe conviction with flawed DNA evidence

An unsafe conviction with flawed DNA evidence

In this Bermudan case, the appellant successfully appealed to the Judicial Committee of the Privy Council to have his convictions quashed because of...
Day in the Life of a Financial Expert Day in the Life of a Financial Expert

Day in the Life of a Financial Expert

Uwe Wystup is a practitioner in the field of foreign exchange options, as well as a senior academic, trainer, and judge. He is the founder of...
Podcast Episode 6: In Conversation with Giles Eyre Podcast Episode 6: In Conversation with Giles Eyre

Podcast Episode 6: In Conversation with Giles Eyre

In the 6th Episode of the Expert Matters Podcast, Simon talks with retired Barrister and expert witness trainer, Giles Eyre, who is retiring as an EWI...
A Day in the Life of a Medicolegal Expert Witness A Day in the Life of a Medicolegal Expert Witness

A Day in the Life of a Medicolegal Expert Witness

Sue Lightman is a Professor of Ophthalmology and Consultant Ophthalmologist who has been undertaking medicolegal Expert Witness work for over 20...
Podcast Episode 5: Range of Opinion Podcast Episode 5: Range of Opinion

Podcast Episode 5: Range of Opinion

Range of Opinion is the focus of the 5th episode of the Expert Matters Podcast. We catch up with Colin Holburn, Chair of the EWI Membership Committee,...
A Day in the Life of a Water Quality Expert A Day in the Life of a Water Quality Expert

A Day in the Life of a Water Quality Expert

Tim White is a chartered chemist who uses his expertise to assess chemical risk from exposure to water. He has been an Expert Witness for over 40...

Check out our Case Updates and Member Magazine

Looking for more news relevant to the Expert Witness community? Why not check out our database of cases relevant to Expert Evidence or the latest and previous editions of our member magazine, Expert Matters.

News

Clicking on one of the topics below will display news items relevant to that topic. You can also use the search bar below to identify news items.

Conflict of intererst / Issues of Confidentiality
Simon Berney-Edwards 100

Conflict of intererst / Issues of Confidentiality

bySimon Berney-Edwards

 

Question

We were engaged by the Defence to create a freport that was submitted to the court. Subsequently, we produced an addendum report for the Defence, based on additional evidence. However, the solicitor opted not to serve this addendum.

 

Recently, we have been contacted by the Prosecution. They have provided comparative evidence which is the same as what we used in our initial report for the Defence, meaning any report we create for the Prosecution would effectively replicate our previous work.

 

We are uncertain if the solicitor is aware of this new approach, but it's clear the CPS knows we authored the original report.

 

Answer

There is no property in a witness, including an expert witness, but there is likely to be a duty of confidentiality regarding the work previously done at the defence’s behest which potentially puts the expert in an awkward position if you are asked to replicate the same work for the prosecution.

 

We do not think that technically there is a conflict of interest, but you do have the choice whether to accept the instructions from the prosecution.

 

We feel that it would be best to avoid a perceived conflict of interest and issues regarding confidentiality and recommended that you decline to act on that basis.

 

However, if you did want to pursue the instruction, then you would be advised to seek clarification that there is no objection on the part of the defence to you responding to the prosecution’s approach. And assuming there is not, you can proceed.

 

You could also suggest that you are appointed as a Single Joint Expert for the case.

Share

Print
Comments are only visible to subscribers.