Summary

The claimant asserted that the defendant was required to transfer title in a vessel at the expiry of the bareboat counterparty between them. The judge noted that the claimant’s witness on insurance broking had essentially no experience in the matter for expert evidence and his views appeared to be based on conversations with unidentified others, rather than his own experience of testable research.

Learning points

Learning points for experts

• You risk damaging credibility if you cannot demonstrate a reasonable interest in the proceedings and the evidence you are providing.

• Unless it is normal practice in your field, it is better not to task your instructing solicitor with administrative functions relating to the joint report, such as transcribing and formatting the draft.

• Make sure you understand and have checked the accuracy of any datasets you rely on.

Learning points for 'occasional' experts

• Make sure that you obtain some training in your role as an expert witness to ensure that you understand and are able to comply with your duties.

• Make your instructing party aware of any conflicts of interest which could be perceived as impacting your ability to provide independent expert evidence.

Learning points for instructing parties

• When you instruct an 'occasional' expert, make sure that they have had some training in their duties as an expert witness. Double check that their reports comply with the applicable rules and regulations.

• Ensure that the experts you instruct have expertise in the matters for expert evidence and are able to understand any datasets without relying on the input of others.

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