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08 November 2018 / Mark Solon
Issue: 7816 / Categories: Features , Expert Witness , Profession
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Behind the times?

Mark Solon offers tips on how to make sure your expert witness keeps up to date

  • An out of date expert witness is a dangerous expert witness and can create considerable risks for the instructing party.
  • So what should a solicitor look for in terms of currency before instructing a potential expert?

Expert witnesses obviously need to be up-to-date in their professional field, but they also need to be up to date in their role as an expert witness.

Clearly, instructing solicitors will want to know that the expert they choose is current in their professional field. Experts do have a sell by date and so those that have retired will have a limited time as an expert witness. Look for current practice and credibility. In civil matters, the time of the events in dispute will be relevant in the choice of expert.

Current knowledge

Professional practice changes all the time and the expert must have current knowledge. There are some exceptions, for example where medical practice at a point in time some

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NEWS
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Secondments, disciplinary procedures and appeal chaos all feature in a quartet of recent rulings. Writing in NLJ this week, Ian Smith, barrister and emeritus professor of employment law at UEA, examines how established principles are being tested in modern disputes
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A High Court ruling involving the Longleat estate has exposed the fault line between modern family building and historic trust drafting. Writing in NLJ this week, Charlotte Coyle, director and family law expert at Freeths, examines Cator v Thynn [2026] EWHC 209 (Ch), where trustees sought approval to modernise trusts that retain pre-1970 definitions of ‘child’, ‘grandchild’ and ‘issue’
Fresh proposals to criminalise ‘nudification’ apps, prioritise cyberflashing and non-consensual intimate images, and even ban under-16s from social media have reignited debate over whether the Online Safety Act 2023 (OSA 2023) is fit for purpose. Writing in NLJ this week, Alexander Brown, head of technology, media and telecommunications, and Alexandra Webster, managing associate, Simmons & Simmons, caution against reactive law-making that could undermine the Act’s ‘risk-based and outcomes-focused’ design
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