Expert evidence in a vacuum of facts and startling use of Smart Glasses by the claimant

 

Summary

In this interesting case, the Single Joint Expert Witness strayed from their original instructions and developed their opinion without all the facts of the case.

 

And in an interesting turn of events, the second claimant was being coached through his cross-examination using smart glasses.

 

Learning points for Experts

• Only consider the instructions you are given.
• If you think you need to consider additional issues, get agreement from your instructing parties and make sure you have all the evidence to enable you to consider that issue.
• Whilst it was not an expert who used them in this case, do not be tempted to use smart glasses enabling you to be coached through your cross-examination

 

Learning points for Instructing Parties

• Make sure the expert sticks to their instructions
• If it has been agreed that they consider other issues, ensure they have the relevant evidence to enable them to reach an informed opinion

 

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