The Role of Expert Witnesses

• Publication date: October 2024
• Publication: Journal of Personal Injury Law
• Information type: Procedure

This article by Liverpool Solicitor and Governor at the Expert Witness Institute, Richard Edwards, examines the role of expert witnesses in civil proceedings, particularly in personal injury litigation. Emphasising that their opinion evidence is an exception to the general rule that only factual evidence is admissible, Richard notes that expert evidence can decisively affect the outcome of a case.

Drawing on the Civil Procedure Rules (especially Part 35), the Civil Justice Council’s Guidance, and leading case law such as The Ikarian Reefer, the article outlines core principles governing expert evidence, including the need for objectivity, transparency of reasoning, disclosure of material facts, and prompt notification of any change in opinion.

The article also explores how the courts police compliance with these duties, particularly in relation to conflicts of interest, the requirement of independence, and deficiencies in expertise or reasoning. It shows that failures in these areas can lead not only to a reduction in the weight attached to expert evidence, but, in some limited instances, to its exclusion altogether.

Detailed guidance is given on the proper preparation of expert reports, the disclosure of instructions and supporting material, and the risks associated with expert shopping. Overall, the article underscores that expert witnesses are “servants of the court” whose privileged role carries strict responsibilities, essential to maintaining fairness and confidence in the civil justice system.

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The Role of Expert Witnesses – Journal of Personal Injury Law October 2024 (PDF: 568 KB)

This article does not represent legal advice. All claimants require specialist bespoke advice about their own individual claims from expert lawyers. If you require advice about any issue covered by this article, please contact our offices and ask to speak to Richard Edwards.