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13 November 2019
Issue: 7864 / Categories: Legal News , Expert Witness , Profession
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Expert witnesses voice bias concerns

Nearly 60% of expert witnesses believe judges should have powers to permanently disqualify experts who don’t understand their role.

Experts’ suggestions, put forward in the 2019 Bond Solon annual expert witness survey report, published last week, ranged in leniency, including compulsory training, temporary disqualification, a ‘one strike and you’re out’ rule, and sanctions for both expert and instructing solicitor. 

Although experts’ duties are always to the court, not the solicitor who hired them, the survey uncovered a worrying level of misunderstanding. Solicitors also need to step up their game―properly vetting the expert, ensuring they understand their role and, above all, not putting pressure on them to lean in a particular direction. An astonishing 41% of the 550 experts surveyed have come across a ‘hired gun’ in the past 12 months and almost half have experience of an expert claiming expertise they do not have. Moreover, one quarter of the experts have been pressurised by solicitors on their impartiality. One expert complained that the lawyer ‘completely changed my report, put in extra paragraphs and deleted great chunks in order to make my opinion suit his client’. 

More than 70% of the 550 experts surveyed think the instructing solicitor should be liable for costs if they fail to exercise due diligence in the selection and instruction of an expert. According to Mark Solon, solicitor and founder of Bond Solon, one point to look out for is consistency of details in the expert’s LinkedIn profile, CV, directory entries and website, as the other side will pounce on any discrepancy.

The issue of irresponsible experts gained prominence recently through the collapse of some high-profile cases. In May, the discovery that expert Andrew Ager had no relevant qualifications sunk a £7m carbon credit fraud trial. 

Mark Solon said: ‘Despite the survey revealing expert bias and irresponsibility, one must remember that many thousands of cases each year involve competent experts who greatly assist lawyers in settling actions where appropriate and judges and juries in clarifying technical issues.

‘Due diligence exercised by instructing solicitors prior to engaging experts, careful consideration by presiding judges and vigorous cross examination should help reveal problem experts.’

MOVERS & SHAKERS

Cripps—Radius Law

Cripps—Radius Law

Commercial and technology practice boosted by team hire

Switalskis—Grimsby

Switalskis—Grimsby

Firm expands with new Grimsby office to serve North East Lincolnshire

Slater Heelis—Will Newman & Lucy Spilsbury

Slater Heelis—Will Newman & Lucy Spilsbury

Property team boosted by two solicitor appointments

NEWS
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
Recent allegations surrounding Peter Mandelson and Andrew Mountbatten-Windsor have reignited scrutiny of the ancient common law offence of misconduct in public office. Writing in NLJ this week, Simon Parsons, teaching fellow at Bath Spa University, asks whether their conduct could clear a notoriously high legal hurdle
A landmark ruling has reshaped child clinical negligence claims. Writing in NLJ this week, Jodi Newton, head of birth and paediatric negligence at Osbornes Law, explains how the Supreme Court in CCC v Sheffield Teaching Hospitals NHS Foundation Trust [2026] UKSC 5 has overturned Croke v Wiseman, ending the long-standing bar on children recovering ‘lost years’ earnings
A Court of Appeal ruling has drawn a firm line under party autonomy in arbitration. Writing in NLJ this week, Masood Ahmed, associate professor at the University of Leicester, analyses Gluck v Endzweig [2026] EWCA Civ 145, where a clause allowing arbitrators to amend an award ‘at any time’ was held incompatible with the Arbitration Act 1996
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