EWI Annual Conference 2025: Opening keynote looks at how to be a witness as well as an expert
Our Annual Conference took place online on 20th June, once again delivering an enlightening day of insight, advice and discussion.
We were honoured to have Lady Rose, Justice of the Supreme Court (The Right Hon Lady Rose of Colmworth), as our keynote speaker. In her address, she reflected on the vital role Expert Witnesses play across all aspects of litigation and dispute resolution.
Drawing on memorable examples from her time in the Chancery Division of the High Court and on the Competition Appeal Tribunal, Lady Rose highlighted the powerful impact that Expert evidence can have on the outcome of a case.
She also identified two trends shaping Expert testimony the nature of Experts' work in the future.
Trend 1: The growing importance of collective actions
In collective actions — where a representative brings a claim on behalf of many individuals — presenting individualised evidence from numerous claimants is often impractical. Such cases increasingly rely on Expert Witnesses to provide aggregate analysis.
To avoid duplicate Expert analyses, Lady Rose discussed the use of ‘hot tubbing’: a process where experts collaboratively present and discuss their findings before the judge early in the process. It’s an approach that can help narrow the issues and promote collaboration between Experts.
Trend 2: Increased technical nature of expert evidence
Lady Rose also noted that Expert evidence is becoming more technical, which can make it harder to communicate clearly to barristers and judges, who must in turn explain the evidence in their judgments.
To help Experts navigate these challenges, she offered four key pieces of advice from her perspective on the bench:
- Remember that your duty is to the court and not to the party instructing you
“It's the judge's trust and respect that ultimately will prove the most important factor in your evidence being accepted by the court.”
- Be clear and precise
“Quantity does not guarantee the quality. Sometimes the sheer weight of analysis obscures the royal the real point of issue.”
- Do not underestimate the tribunal's expertise.
“You may find that your most searching questions come not from opposing counsel, but from the bench.”
- Judges don't want to trip you up or catch you out.
“We want you to help us understand what for many will be on familiar territory, and if you do that with honesty and clarity, you will find yourselves indispensable to the process.”
Recordings from the entire Annual Conference will be available next week later this week.