Four out of five expert witnesses back Lord Justice Moses’ view that evidence from experts is less reliable if they are retired than if they still working.
Of 109 experts surveyed by expert witness training provider Bond Solon, 80% agreed with Moses LJ’s comments in June, delivering judgment in R v Henderson that medical experts in practice were a “far more reliable source” of evidence.
Retired experts, Moses LJ said, had “lost the opportunity, day by day, to learn and develop from continuing experience”.
Comments from the 20% who disagreed included that the retired had time to research and keep up to date, and that they were often asked to opine on events that happened several years before.
Average hourly rates paid by the Legal Services Commission are £362.38 for civil and £214.56 for criminal. This rate was higher than the average hourly rate overall. A small proportion (13%) of the expert witnesses said they would stop acting if immunity from suit was restricted, as may happen depending on the outcome of a case currently before the Supreme Court, Jones v Kaney. Experts might then have to purchase professional indemnity insurance.
