Summary

The dispute was between a former husband and wife, who were Russian nationals, about a post-nuptial agreement. The judge found that much of the expert evidence on Russian law was misdirected and misspent, and of limited use. He emphasised that both experts acted at times as surrogate advocates on behalf of their instructing parties.

Learning points

Learning points for experts

• Do not act as an advocate.

• You should listen to and answer the question you have been asked.

• Do not use your response as an opportunity to answer the question you wish you had been asked, to spar with counsel, or to seek to make a speech.

Learning points for lawyers when they act as experts

• If you usually act as an advocate rather than an expert, take particular care to ensure that you fully understand and comply with the duties of an expert.

Learning points for instructing parties

• You may need to provide more support to an expert who does not normally act in the role and/or is not familiar with the jurisdiction.

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