Experts who rise above the fray and fully discharge their duties to assist the Court

 

Summary

The case concerned around 40 studio recordings of performances which were given by the members of the Jimi Hendrix Experience. The expert witnesses in New York law were commended by the judge on their written and oral evidence. The judge was not persuaded by any of the criticisms of the claimants' expert made by the defendant.  

Learning points

Learning points for experts

• Your expertise is your best defence against criticism by the opposing party.

• As the judge in this case noted, exercising your expertise effectively includes:

  • producing detailed reports, which read well and are clearly the product of hard work and thorough research,

  • displaying expertise in both your written and oral evidence, and

  • being clearly aware of your duties to the court and seeking to assist the judge to the best of your ability.

Learning points for instructing parties

• When criticising the opposing expert, it may be wisest to base those criticisms on an objective reading of the quality of the expert’s evidence.

• Ensure that the material you rely on in making your criticisms supports the criticisms you are making.

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