Independent Facilitators - Bill Braithwaite QC, Head of Exchange Chambers
25/03/14. I start this article with a quote from two cases, one old and one recent, which emphasise the importance of selecting good experts, and using them appropriately:
“Regrettably, I was not at all impressed with some of the answers which I received from Mr *. I did not feel he was the wholly unbiased and independent witness one would expect. Some of his answers were given more or less on the hoof and were ill thought out....”
“X’s evidence is so unreliable that it should be rejected….”
They demonstrate that expert selection is crucial.
An expert’s duties have always been the same (see below), but the acid test is the performance of an expert in consulting with the client, writing a report, giving helpful advice in consultation, and appearing in court. Surely all good personal injury lawyers nowadays must consider it essential to keep a record of experts’ performances – I've been doing it for over twenty years.
Since 2005, there has been a Code of Practice for Experts, which confirms that experts must be...
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