Synopsis
Since 1999, the role of the expert witness working in the civil justice system in England and Wales has become increasingly complex. In the system of case management that existed prior to 1999, lawyers held sway and the use of expert evidence as part of the case management strategy was all too common. So often this approach involved finding the most circuitous route to court, and misuse of expert evidence was just one tactic adopted.

Now, critical to the role of the expert witness is independence. And this overriding duty enshrined in the Civil Procedure Rules has made the role of expert witness an increasingly lonely one. This book is designed as a practical guide to the complex array of rules and guidance for expert witnesses as they interact with the civil justice system in England and Wales. In recognition of the isolation borne of their independence, this book is written with the interest of the expert firmly to the fore. It encourages experts to fulfil their overriding duty to the court, and their professional duty to others, whilst making choices that protect their own interests.

Edition 3
With all the changes that precipitated the second edition of this Little Book, it is some comfort that the world of the expert witness in civil cases has undergone far fewer changes in recent years.

The Civil Justice Council’s Experts’ Protocol was finalised in 2014 and republished as Guidance for the Instruction of Experts in Civil Claims. It was a most welcome development, and codified in stable form a much broader range of guidance for experts than the Rules themselves provided in the operation of the Civil Procedure Rules.

At the time of writing the second edition, the expert witness community was coming to terms with the landmark Supreme Court decision in Jones -v- Kaney, which overturned the centuries-long principle that all witnesses, including expert witnesses, were immune from legal claims arising from their involvement in litigation. Expert witnesses can now be sued by those who instruct them. This change warranted a chapter in the second edition dedicated to the subject of immunity.

With the practical implications of the Kaney judgment now well understood, and the ready availability of professional indemnity insurance to cover the risk, the immunity chapter has been replaced with a new focus on Alternative Dispute Resolution (ADR). While much of this book is devoted to the role of the expert witness in the civil courts in England and Wales, litigation is not the only means of resolving a dispute. As a measure of the popularity of ADR, the Courts and Tribunals Judiciary has reported that the number of international civil disputes resolved through arbitration, mediation and adjudication in the UK exceeded 43,000 in 2020. Add to that the desire of the courts to drive potential litigants towards ADR, and there is a significant role for expert witnesses in this area.

So Chapter 9 now offers an introduction to the multifaceted world of ADR. For an expert who acquires the skills to assist in the various ADR methods, there is scope to build a healthy supplemental workstream!

ISBN 1-905926-40-4 Paperback

Publication date: September 2023
Price: £35 + p&p (Register Member discount 5%)
Format: A5 224pp

Synopsis
Little Book 4: Practical Marketing for the Expert Witness is not a book about marketing theory. It’s been written as an easy-to-read practical guide to the expert witness market, full of insights into managing your marketing data and prioritising your strategies. All examples are drawn from the expert witness arena, focusing on how best to get in touch with instructing lawyers.

ISBN 1-905926-13-8 Paperback

Publication date: June 2011
Price: £35 + p&p (Register Member discount 5%)
Format: A5 210pp