header-logo header-logo

Expert witness statements: Too many cooks?

28 October 2022 / Mark Solon
Issue: 8000 / Categories: Features , Profession , Expert Witness
printer mail-detail
98913
Joint statements are not a group activity: Mark Solon warns against improper influence on an expert’s opinion
  • A recent High Court case, in which an expert witness was found to have shared a draft joint statement with counsel and asked for their comments, is a reminder of the importance of avoiding outside influence on an expert witness’s opinion.

What happens if an expert’s draft joint statement after discussions with other experts is influenced by another party, such as a member of the legal team? The recent case of Pickett v Balkind [2022] EWHC 2226 (TCC) involved an expert witness who opened himself up to cross-examination at trial after it emerged in a pre-trial application that he had sent a draft of the joint statement to counsel, and had received comments back for consideration and inclusion in the final version.

What was the background?

The case was a first-instance decision in the Technology and Construction Court (TCC) of Judge Paul Matthews. The matter involved a tree subsidence claim, involving

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Gilson Gray—Linda Pope

Gilson Gray—Linda Pope

Partner joins family law team inLondon

Jackson Lees Group—five promotions

Jackson Lees Group—five promotions

Private client division announces five new partners

Taylor Wessing—Max Millington

Taylor Wessing—Max Millington

Banking and finance team welcomes partner in London

NEWS
The landmark Supreme Court’s decision in Johnson v FirstRand Bank Ltd—along with Rukhadze v Recovery Partners—redefine fiduciary duties in commercial fraud. Writing in NLJ this week, Mary Young of Kingsley Napley analyses the implications of the rulings
Barristers Ben Keith of 5 St Andrew’s Hill and Rhys Davies of Temple Garden Chambers use the arrest of Simon Leviev—the so-called Tinder Swindler—to explore the realities of Interpol red notices, in this week's NLJ
Mazur v Charles Russell Speechlys [2025] has upended assumptions about who may conduct litigation, warn Kevin Latham and Fraser Barnstaple of Kings Chambers in this week's NLJ. But is it as catastrophic as first feared?
Lord Sales has been appointed to become the Deputy President of the Supreme Court after Lord Hodge retires at the end of the year
Limited liability partnerships (LLPs) are reportedly in the firing line in Chancellor Rachel Reeves upcoming Autumn budget
back-to-top-scroll