Catherine Jago is an oil and commodities Expert Witness with nearly four decades of experience in the field. She started her career at BP before working as an oil journalist, broker and trader. In 2023 she founded her own international Expert Witness practice, CJH Experts, which carries between 20 and 30 live instructions at any one time. Here, she tells us how she came to the role in unexpected circumstances, what makes a truly good Expert, and why independence is never negotiable.
I got into Expert Witness work while I was on maternity leave — and I nearly gave my first evidence the day my son was born.
I was working in oil broking when a former colleague rang and asked whether I would be interested in acting as an Expert Witness in a case involving transatlantic gasoline. I had no real idea what Expert Witness work involved, but it sounded interesting and I had a little time as I was about to have a baby, so I said yes.
I was due to give evidence on the day my son was born. The hearing was postponed for ten days, and when it finally was heard my mother came with me and sat in a nearby room with the baby. Towards the end of my evidence at lunchtime, everyone in the room could hear him wailing through the wall.
When my evidence and cross-examination were over, a procession of very high-powered arbitrators came in to inspect the source of the noise and melted over him. It was funny at the time, and it is funnier to think about now.
The Expert Witness world has changed a lot since I started 38 years ago.
The Expert Witness profession, if I can call it that — it is not officially one yet, although that appears to be the direction of travel — has certainly become far more organised and professional since I started, which is good. One change has been less welcome, although it comes from a minority of parties: pressure from solicitors, clients and counsel to control what you write and say.
I am staunchly independent.
There are, in my opinion, a growing number of people in our field describing themselves as Experts who have not fully understood the job. They believe they are there to argue their client’s case. They are not. Regardless of who pays you, your duty is to the tribunal. That is fundamental, and in my view it is non-negotiable.
Independence is the first thing we test for at CJH Experts, and the thing we will not compromise on. An Expert who can be leaned on to say something they do not truly believe is of no use to the tribunal, and ultimately of no use to the client who instructed them. It will certainly come out when they are cross-examined by skilled counsel.
My background before Expert Witness work was varied — and all of it has proved relevant.
I started in BP’s trade and supply division, then worked as an oil journalist, an oil broker and then an oil trader. I spent time in credit management and worked as a management consultant. For the past 17 years I have worked as an Expert almost exclusively, with a little consultancy alongside it.
Being an Expert Witness has made me fascinated by the legal world.
My interest in the law caught me by surprise. I had never considered it as a career, but after being a magistrate for 30 years, I grew steadily more interested and eventually studied and qualified as a barrister.
As an Expert you do not technically need to know the law, but I have found that it helps to have legal training and an interest in legal matters.
No two cases are the same, and that is what keeps me going.
My own work is mostly oil, though I have been involved in other commodities.
A typical instruction might concern a cargo of crude found to be contaminated on arrival at the point of delivery to a buyer. The buyer, if not entitled to reject the cargo, sues whoever is responsible for the difference in value between the cargo they should have had and the cargo they were actually delivered. Once you begin to unpick the interactions between hedging positions, market prices and the contractual terms, these cases can become intricate.
Working through the detail, identifying what the real issues are and finding a way through to an opinion is a process that has never once felt routine to me.
There is no such thing as a typical day.
My business partner is based in Kenya, two or three hours ahead, so the day usually begins with whatever he has sent over for my early morning. Today there is a call with him to discuss a new matter, then I will work on a new instruction ahead of a meeting tomorrow, and there is a report from one of the team to review, to make sure it meets the standards we set internally and will hold up to scrutiny under cross-examination.
Expert Witness work does not run Monday to Friday.
Yesterday I took the day off for my grandson’s birthday, but spent part of the journey to the party on a call with a client in Singapore about a new case. You work when the work requires it, and you manage your time accordingly. No one will take kindly to moving a hearing date to accommodate the Expert.
My cases are heard under various legal systems.
Our clients are almost all very international. English and Singapore law are the most common, although we are seeing more and more cases under the Dubai International Finance Centre (DIFC) framework.
We are currently instructed in a matter being heard under Texas law, which has its own particular criteria for assessing certain elements of a claim. If you have an inquisitive mind, learning about different legal systems is interesting rather than daunting.
I end up in court or arbitration more often than many Experts — around 30% of cases go that far.
That may well be one of the reasons I am instructed. Most cases settle, but a significant proportion reach a hearing at which I will be cross-examined, and that shapes how I approach every report I write, regardless of whether I expect it to settle.
Preparation for cross-examination is everything.
The most important thing is to read your own report and the other side’s expert report thoroughly. I also like to be present for the opening arguments, or at least to see the transcripts, because they show you exactly which issues each side intends to press, and therefore where you are likely to be tested.
If you have prepared well, cross-examination need not be the most anxious experience.
Awkward moments will still come, because they always do. My advice is to be honest. If you are asked why you have not dealt with a particular point, say that you had not appreciated it was an issue of importance and offer to deal with it now. The worst thing any Expert can do is bluff. And always correct your report before cross-examination — do not hope an error will be missed, because it won’t be.
Report writing has its own discipline.
The first thing I would advise is: make it as short as you possibly can. Address the issues on which Expert evidence has been sought, and let those issues give the report its structure.
Present it in the form the legal world expects, which means the right typeface, spacing, footnotes and appendices. We maintain templates at CJH Experts that reflect what solicitors and barristers are familiar with and want to see, and they save a great deal of time at both ends.
And never put anything in your report that you have not written yourself or that you do not fully understand. A skilled barrister will spot a phrase that has been dropped in by a solicitor. Once that becomes apparent under cross-examination, the damage runs well beyond the paragraph in question.
Finding good Experts is harder than finding good work.
During the pandemic my practice trebled almost overnight and it was obvious that I needed people alongside me. The trouble is that not every excellent commodity trader makes an excellent Expert Witness, and not every excellent Expert Witness was a brilliant trader. It is a particular combination of qualities.
Beyond the deep subject knowledge, what I look for in an Expert Witness is curiosity.
Anyone who takes the documentation at face value and will not go behind it is not going to be a good Expert. Beyond that, they need to be genuine listeners, analytical, and able to explain something complicated simply without ever sounding condescending.
Arrogance is not a trait that transfers well from trading to this line of work. When you are being cross-examined by leading counsel whose object is to fluster you, arrogance antagonises the tribunal and makes a difficult time even worse. You stay calm, you answer the question, and you make your points without being drawn into an argument with counsel.
My advice to anyone considering Expert Witness work…
Work with an established team first. A great many people describe themselves as Expert Witnesses despite having never had any formal training, never having been instructed on a case, never having had a report tested and never having been cross-examined. Within an established practice you get real cases, proper training and the necessary supervision.
Beyond that, invest in good training. We use both the EWI and Bond Solon for training new Experts and for the wider team’s continuing professional development, and I rate both highly.
And keep up with your field. If you are no longer active in your market, find other ways to stay current: go to industry talks, read widely, keep your knowledge sharp. The moment you stop learning, you cease to be effective or useful to your clients. Expert Witness work has to be done properly, or not at all.
CJH Experts provides independent expert evidence and consultancy in commodities, shipping, derivatives and related disputes. To learn more or to discuss an instruction, please visit cjhexperts.co.uk.