News

A Single Joint Expert caused difficulties by an unwise pre-hearing exchange with one of the parties in the absence of the other party, and legal representatives.

We’re starting a new EWI series with A spotlight on… the Post Office Horizon Scandal which looks at how the Post Office failed to listen to, and act on, expert advice. EWI member and IT and digital forensics expert, Jason Coyne, first spotted errors in the Horizon system in 2003 while working as a Single Joint Expert, only to have his findings dismissed by the Post Office. Jason tells us more about his involvement in the case, including how he later acted as an Expert Witness in the sub-postmasters’ case against the Post Office.

A defendant who chose not to attend or be represented at trial, suggested that he might still instruct his expert witness to provide oral evidence. 

Ben Leeson & Anor v Donald McPherson [2024] EWHC 976 (Ch)

An expert witness must be careful not to step over the boundary between being an independent expert and an advocate for the party instructing them.

Balachandra v The General Dental Council [2024] EWHC 18 (Admin) (10 January 2024)

A medical expert witness was not helping the Court by trying to make the evidence about a child's injuries fit their own conclusions. 

LCC v V & B [2023] EWFC 268 (18 August 2023)

Remember the duties of the expert as set out in CPR Pt 35 and Practice Direction 35. Don't stray into giving evidence on matters falling outside your expertise.

Expert evidence must always be firmly tied to an issue which arises in the case.

The judgement in a recent case highlights issues not only relating to the behaviour of an expert but also in regard to considerations the instructing parties must make, namely: to ensure that the expert is an appropriate expert, to instruct them properly and to ensure that the report answers the questions posed and is compliant with the rules and practice directions.

“Are experts limited to giving evidence of opinion?”