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15 October 2020 / Mark Solon
Issue: 7906 / Categories: Features , Profession , Expert Witness
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Expert witness update: Time to pay up!

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Are expert witnesses getting paid? Mark Solon investigates

In brief

  • Bond Solon survey highlights that expert witnesses face serious challenges to getting paid for work done.
  • Can experts tighten up their contractual position to get paid in future?

Some 285 experts responded to our recent survey of expert witnesses that highlights serious issues for experts in getting paid for the work that they do and reveals some ways in which they may be able to tighten up their contractual position in order to ensure payment in future.

Nearly 85% of respondents stated they were self-employed, probably reflecting the position of the majority of the expert witness population. 87% of those surveyed do have terms and conditions and this percentage has gone up over the years. The vast majority (72%) do not conduct some due diligence to ascertain the credit worthiness of the instructing party and it may very well not occur to many to do so. In some instances the reason for non-payment is that the instructing

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NEWS
The Supreme Court has delivered a decisive ruling on termination under the JCT Design & Build form. Writing in NLJ this week, Andrew Singer KC and Jonathan Ward, of Kings Chambers, analyse Providence Building Services v Hexagon Housing Association [2026] UKSC 1, which restores the first-instance decision and curbs contractors’ termination rights for repeated late payment
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
The AI revolution is no longer a distant murmur—it’s at the client’s desk. Writing in NLJ this week, Peter Ambrose, CEO of The Partnership and Legalito, warns that the ‘AI chickens’ have ‘come home to roost’, transforming not just legal practice but the lawyer–client relationship itself
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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