Preliminary (pre-report) experts’ meetings Preliminary (pre-report) experts’ meetings

Preliminary (pre-report) experts’ meetings

Experts, in particular medical experts, are likely to be familiar with experts’ discussions that take place after the exchange of reports. This...
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...
Solicitors Regulation Authority Ltd v Khan & Ors [2024] EWCA Civ 531 Solicitors Regulation Authority Ltd v Khan & Ors [2024] EWCA Civ 531

Solicitors Regulation Authority Ltd v Khan & Ors [2024] EWCA Civ 531

This case is about whether the judge erred in finding that Ms Soophia Khan had capacity to defend proceedings for contempt of court. This is an...
Thomas Murray Joins EWI as a Corporate Partner Thomas Murray Joins EWI as a Corporate Partner

Thomas Murray Joins EWI as a Corporate Partner

We are pleased to welcome a new Corporate Partner
Pfizer Inc v Uniqure Biopharma BV [2024] EWHC 2672 (Pat) Pfizer Inc v Uniqure Biopharma BV [2024] EWHC 2672 (Pat)

Pfizer Inc v Uniqure Biopharma BV [2024] EWHC 2672 (Pat)

The judge in this patent case found that the claimants’ gene therapy expert had developed, quite possibly guided by lawyers, the understanding...
Celebrating Success at the Sir Michael Davies Lecture Celebrating Success at the Sir Michael Davies Lecture

Celebrating Success at the Sir Michael Davies Lecture

Successful Certification candidates receive their certificate from Lord Hodge.
Independence, bias and conflicts of interest Independence, bias and conflicts of interest

Independence, bias and conflicts of interest

Hon Mr Justice Trower provides invaluable guidance for Expert Witnesses at the 2024 the Sir Michael Davies lecture.
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...
Podcast Episode 4: Expert Fees Podcast Episode 4: Expert Fees

Podcast Episode 4: Expert Fees

Simon and Sean discuss expert fees and catch up with Dominic Woodhouse from Partners in Costs to talk about cost management and budgeting in civil...
A Day in the Life of a Fitted Kitchen and Bathroom Expert A Day in the Life of a Fitted Kitchen and Bathroom Expert

A Day in the Life of a Fitted Kitchen and Bathroom Expert

Jerry Ponder uses his 40+ years of experience in fitted interiors to provide expert evidence on the design, product quality, installation and project...
Podcast Episode 3: Single Joint Expert Podcast Episode 3: Single Joint Expert

Podcast Episode 3: Single Joint Expert

Simon and Sean discuss Single Joint Experts and catch up with two EWI members who act as Single Joint Experts to hear about their experiences, the...

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.

The modern expert: personal insights and current issues
Wiebke Morgan 2857

The modern expert: personal insights and current issues

byWiebke Morgan

In his talk, Lord Hamblen initially summarised his professional background and the various kinds of expert evidence which he had encountered, both as a barrister and as a judge. He further explained how he used to work with experts as a barrister, what he had found particularly useful in terms of expert assistance, and how he would seek best to deploy that assistance. In discussing his experience as a judge, he offered suggestions as to how an expert can best assist judges, including some key ‘do's and don'ts’ based on his general experience. Finally, he addressed current issues relating to expert evidence as flagged up in recent case law.

 

Over his career, Lord Hamblen has encountered a great variety of different areas of expertise and experts.

 

From 1982 to 2008 he practiced at the commercial bar, and one of the leading London commercial sets of chambers, 3 Essex court, later 20 Essex. His main areas of specialism were shipping, international trade, commodities, insurance and reinsurance. Shipping in particular, involved dealing with a wide range of different areas of expertise. And most cases of any length would involve expert evidence. Ranging from engineering experts to expert mariners, and including chemists, physicists, fire experts, metallic jurists, naval architects, cargo surveyors, ship surveyors, agronomists, oil experts, Weather experts, and more.

 

After joining the High Court bench in 2008, Lord Hamblen sat regularly in the commercial court, where again, much business-related evidence would be heard. He also sat in crime, most often in murder cases, where one would have various types of forensic evidence from pathologists, medical examiners and experts in for example, blood splatter, gunshot residue, DNA, fingerprinting, and so on. Lord Hamblen also sat in the Queen's bench division, hearing general civil cases, including personal injury and clinical negligence cases.

 

In terms of working with experts as a barrister, Lord Hamblen stated that the key issue was understanding. In order to be able to think on their feet in cross examining an expert a barrister needed to be able to think like an expert.

Lord Hamblen’s other key “Do's” were:

  • Clarity
  • Structure
  • Reasoning
  • Building trust and confidence

 

His absolute number one “Don't” was to ensure that the expert is avoiding anything which might compromise their independence and impartiality. A second and related “Don't” was to avoid being an advocate. It is counsel's job to argue the case. That is not the role of the expert. Lord Hamblen’s advice to experts was to “Make points, explain points, but do not argue them.”

 

The third, and again related “Don’t”, according to Lord Hamblen was: “Know the limits of your expertise”.

 

Lord Hamblen then proceeded to illustrate the importance of all these “Don'ts” by selecting several recent cases regarding the proper approach to expert evidence. Despite the basic rules regarding expert evidence being well known, and the applicable principles changing little in recent times, Lord Hamblen noted that there has been a notable recent uptick in cases expressing concerns about inadequate expert evidence. He lamented the fact that recent case law suggests that the principles set out in the ‘Ikarian Reefer’ (now summarised in CPR 35) are frequently not being adhered to. The principles are being duly recited, but not acted upon.

 

Lord Hamblen referred to the Hon Justice Fraser’s list of points to be considered by experts and those instructing (made in the ICC case).

 

Finally, he discussed current case law under the headings of:

  • Partiality
  • Relevant expertise
  • Conflicts of interest
  • Failure to comply with expert duties

and highlighted recent cases with relevant quotes from the judgements.

 

Lord Hamblen concluded that he hoped that the personal insights he had provided and the summary of recent case law would be a helpful basis for thought and discussion at the conference. And that it would provide some guidance to those in the important role that they perform as experts. He pointed out that more and more cases seem to involve experts of one kind or another and that they play a very important role in dispute resolution, whether that be through settlement, mediation, arbitration, or litigation.

 

Share

Print
Comments are only visible to subscribers.