An ounce of reasoning is worth a pound of opinion An ounce of reasoning is worth a pound of opinion

An ounce of reasoning is worth a pound of opinion

The defendants denied the validity of a will on the grounds that the testatrix lacked testamentary capacity. The judge found that the conclusion of...
Review of Guidance for the instruction of experts in civil claims Review of Guidance for the instruction of experts in civil claims

Review of Guidance for the instruction of experts in civil claims

The Civil Justice Council (‘CJC’) is intending to review its ‘Guidance for the instruction of experts in civil claims’ with a...
Update on EWI Advocacy Update on EWI Advocacy

Update on EWI Advocacy

One of the key roles of the Expert Witness Institute (‘EWI’) is to ensure that policy, rule and regulatory changes are informed by the...
Legal Aid: Experts' Fees Legal Aid: Experts' Fees

Legal Aid: Experts' Fees

This case is of obvious importance to experts authorised by the Family Court to be instructed in public law proceedings but it has implications for...
An expert report that is entirely equivocal on the key issues is of little assistance to... An expert report that is entirely equivocal on the key issues is of little assistance to...

An expert report that is entirely equivocal on the key issues is of little assistance to...

The court noted that the jointly instructed expert demonstrated a clear lack of understanding of both CPR 35 and the duties owed to the court by an...
EWI Annual Conference 2025: Opening keynote looks at how to be a witness as well as an... EWI Annual Conference 2025: Opening keynote looks at how to be a witness as well as an...

EWI Annual Conference 2025: Opening keynote looks at how to be a witness as well as an...

Podcast Episode 13: Long-Standing Policy Issues Podcast Episode 13: Long-Standing Policy Issues

Podcast Episode 13: Long-Standing Policy Issues

In the 13th episode of the Expert Matters Podcast, we look at five long-standing policy issues that have had significant developments recently: (1)...

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.

When it is advisable to decline instructions
Keith Rix 1447

When it is advisable to decline instructions

byKeith Rix

The Judgment

Mr X should not have been asked to give expert evidence. He was not competent to do so.

 

Mr X’s primary career was in banking and although he qualified as a chartered surveyor, becoming a Member of the RICS in 1999, he was not and had never been an expert in the field of property valuation. Having been asked, he should have declined to assist, recognising that he was not an expert in the field of real estate valuation from which expert evidence had been permitted. In a rare moment of concession, Mr X said, in answer to the judge’s direct question, that had he been told that the claimant had been given permission to provide expert evidence in the field of real estate valuation and he had said that the claimant should “go for a working chartered surveyor".

 

Having thus failed in his most basic duty to the court to ascertain whether he was competent to provide the kind of expert evidence for which the court had granted permission, in the judgment of the court, Mr X presented an ill-reasoned and for the most part obviously unsustainable or irrelevant argument about the case that had very little to do with the issue on which expert evidence had been allowed. His opinions did not withstand serious scrutiny, he declined to make obviously appropriate, reasonable concessions, and, on a number of occasions, the court was left in no real doubt that Mr X was making his evidence up as he went along, which involved him not telling the truth to the court about how he had derived some of the opinions he had expressed in writing.

 

Learning point

  • Do not accept instructions if you are not competent to give expert advice.

 

Share

Print
Comments are only visible to subscribers.