… the expert’s forum for discussion and information dissemination

Topics covered range from ‘hot news’ (such as GDPR and recent court rulings) to more ‘background’ business matters (including getting paid, fees, disbursements and much more).

Content of the last four issues.

• Issue 118
• Issue 117
• Issue 116
• Issue 115

• With the imminent 40^th anniversary of the first use of DNA evidence in court, we review the development of DNA profiling, summarise the case law on common concerns, and discuss the importance of the careful use of associated statistics.
• In cases requiring the court to assess whether a professional has been negligent, it is often thought necessary to rely on the expert evidence of other professionals in the same field. We explain why this is not always the case.
• Another frequently misunderstood area is the court’s power to allow new expert evidence to be led on appeal. We consider when fresh evidence may be permitted in criminal appeals.
• Forged expert reports are, thankfully, a rarity. However, in a recent case in the King’s Bench Division, the court dealt with the question of an allegedly forged expert report. What are the mechanisms available to a party that wishes to discover the source of the report? Warning… Russians are involved!
• If you are struggling to see the connection between Caesar’s wife and expert witness practice, turn to page 7 to learn more!

• The highly publicised case of Lucy Letby has served to resurrect some old fears concerning the reliability and use of statistical evidence. We take a look at the case, with a focus on the ability of the statistical evidence used to distinguish between correlation and causation.
• If the court does not give permission for expert evidence to be adduced, it would be wrong for a party to try to smuggle such expert opinion into a case under the guise of evidence of fact. We consider a case of potential opinion smuggling.
• It has long been a general rule of evidence at common law that a witness should not give evidence in relation to what is termed the ‘ultimate issue’ in a case. Whilst this rule is now more commonly observed in the breach, it is not entirely redundant.
• The case of Glover serves as a useful reminder of the regulations governing the extent to which legal advisors can communicate with experts on the content of joint statements.
• A recent update to the Criminal Procedure Rules should be noted by any expert involved in writing a joint statement following a pre-hearing discussion of expert evidence.

• Experts might assume that when taking instructions the people with whom they interact are fundamentally honest. As was demonstrated in a recent case, there are dangers for experts who make this assumption.
• In the previous issue we reported on the case of Jagger -v- AXA Insurance, in which the court, somewhat grudgingly, granted an adjournment so the claimant could obtain replacement expert evidence. Since the decision in Jagger, further cases have been heard which reveal the role of some expert agencies in the problems caused.
• What is the extent to which the court should depart from the usual expert evidence rules and conventions when the party calling that evidence has voluntarily absented itself from the proceedings? This interesting dilemma was posed in the recent case of Leeson -v- McPherson.
• Following on from our coverage of the Post Office scandal in issue 115, we look at the wider ramifications of the case on the use of expert evidence and whether a computer system is working properly.

• Few will have been left untouched by the treatment of sub-postmasters at the hands of the Post Office and its Horizon system. Beyond the treatment of the individuals, my mind turned to what it was about the sorry saga that meant went on for so long? I wondered if it was the fact that the Post Office was the (allegedly) injured party, the investigator and the prosecutor, and that so many of the cases went nowhere near the Crown Prosecution Service. We investigate this aspect of the scandal.
• Retirement marks a significant transition in the life of any professional. Expert witnesses should give careful consideration to their retirement planning and understand their duty towards live instructions. Having been asked several times over recent years for advice on retirement, we set out the broad areas for consideration. Most are obvious, but some, perhaps, less so.
• The question of legal professional privilege as it applies to a solicitor’s instructions to an expert witness can be problematic. We consider two cases where the court had to decide if it was reasonable to order disclosure of documents relating to the instruction of experts.

Member experts can access all issues of Your Witness in our Expert Library. Anyone can read Your Witness Issue 108 as a sample.

… marketing your services effectively

The printed version of the UK Register of Expert Witnesses is available free to that segment of the legal profession which accounts for 80% of its total income and undertakes almost all its litigation work (just under 4,000 UK firms, including barristers, law libraries and trading standards offices). Insurers and corporate lawyers, amongst others, may also purchase it. The Register is not sold direct to the public.

Why only 4,000 law firms?

Others may promise a far wider distribution, but there is no point sending lists of expert witnesses to lawyers who undertake only conveyancing or probate work. We use our knowledge of the legal marketplace to ensure that the Register is available to those who will use it, rather than spending your money implementing a ‘scatter-gun’ system of distribution.

… additional expert details to aid expert selection

Tiered information

• Profile sheet – a one-page A4 synopsis of additional information that might prove helpful to a lawyer considering instructing you. The content you wish us to publish should fit within a box that is 17cm by 20cm. Experts who submit a profile have an icon displayed against their entry in the printed UK Register of Expert Witnesses and on the website. Profiles can be viewed on line by subscribing lawyers only.
• CV – Send us a Word (or similar) file of your CV or a web link to your on-line CV. We can then create a PDF or activate the link. Experts who submit a CV have an icon displayed against their entry in the printed UK Register of Expert Witnesses and on the website. CVs can be viewed on line by subscribing lawyers only.

Profiles are a boon for the legal profession working under CPR

Under the Civil Procedure Rules, the number of profile requests has increased greatly. Why? Because solicitors now have to compile lists of potential experts for exchange with the other side. Lawyers view an expert’s Profile as a good compromise between the brevity of a Register entry and a full CV.

To submit a profile and/or CV, member experts simply email the information to us.

… the unique information resource for practising experts

A complete list of titles is displayed below. Member experts can read all Factsheets in our Expert Library. Anyone can read Factsheet 01: Civil Litigation and the Expert Witness as a sample.

We operate a general helpline for experts seeking assistance in any aspect of their work as expert witnesses. To access the helpline:

• 01638 561590
• [email protected]

… the mark of quality

Our logos are available as a free download in several file formats.

Remember, member experts who have undergone vetting may use a dated version of our logo bearing the year of most recent recommendation.

Visit our Registered Logo page for further details and links for downloading the logos.

All about the Web Register

… working to improve your on-line marketing exposure

Through opt-in/out Web integration, other specially selected websites are given direct access to our expert databases. Our Web integration initiative increases your professional on-line exposure by including your details on websites provided by other publishers.

Through our links with LexisNexis, the Web Register has become part of the popular Butterworths PI On-line legal service. Our expert databases are also integrated into the Trading Standards Office‘s national web service. For members who opt-in to the Pro Bono group, the expert database is used by Pro Bono Connect lawyers. By positioning the Web Register on well-trodden legal pathways, your chance of being instructed increases.

… business support for the expert practitioner

As a valuable benefit to those experts who opt for the Professional service level, this independently operated professional advice helpline provides access to reliable and underwritten professional advice on matters relating to:

• Tax
• VAT
• Employment
• Commercial legal issues.

This service, managed by Kroners, takes over where our general helpline stops, and is manned by fully qualified accountants, lawyers and allied specialists.

Professional service level experts receive a Business Support Helpline card detailing how to access this helpline.

… cover for that rainy day

Working with Lockton Companies LLP, we have designed the UK Register of Expert Witnesses Professional Indemnity Insurance scheme, insured by RSA and underwritten by Mapledown. It has been created specifically to offer insurance for the expert witness work you do. It can be taken out to provide additional cover if you already have insurance in place for your non-forensic work, or to offer new cover if your work is entirely forensic. Alternatively, if you wished to obtain cover for all your work, forensic and otherwise, this can be considered too.

A valuable additional feature of the scheme is the option to buy a single run-off policy you retire from active expert witness work. A one-off premium, negotiated at the point of retirement, will provide 6 years protection against any nasty ‘sting in the tail’ claim that might arise. Six years will see most cases reach their statutory limitation period after which, generally, no further claim can arise.

Having insurance means that the insurer will be able to manage any claims on your behalf, and in the worst case settle the claim should that become necessary. In other words, any claim against you no longer needs to deflect you from productive work, or keep you awake at night!

This scheme is exclusive to members of the UK Register of Expert Witnesses and provides cover from £500,000 upwards.

Read full details on the insurance, and how to apply, on the PI Insurance page

… direct marketing litigation contacts for experts

Use our fast and flexible on-line LawyerLists app to filter our 10,000+ litigation contacts and create your own mailing lists. Available as printed labels or reusable electronic lists. Getting your own marketing material directly onto the desks of key litigators has never been this simple!

… build a sound foundation

According to the series of expert witness surveys conducted by the UK Register of Expert Witnesses (running since 1997), the number of experts who use a written form of contract when accepting instructions from a solicitor has never exceeded 55%. That leaves nearly half of all experts claiming not to use written terms.

As every lawyer knows, setting out clear terms for any contract, at the outset, is essential to avoid subsequent problems. The contract between expert and instructing lawyer should be no different. Member experts can use terminator to create personalised sets of terms of engagement based on the Register’s terms of engagement framework. There really is no reason to take on instructions without defining on paper a firm contractual base.

… the facts at your fingertips

Free to member experts, the Expert Witness Year Book has been designed to bring together in a handy reference book information of relevance to the busy expert witness.

It contains the current rules of court, practice directions and other guidance for civil, criminal and family courts. It offers ready access to a wealth of helpful practical and background information, including how to address the judiciary, data protection principles, court structures and much more.

The Expert Witness Year Book also provides contact details for all UK courts, as well as offices of the Crown Prosecution Service and Legal Services Commission. And with a year-to-page and month-to-page calendar too, you’ll never be without an appointment planner.

Further details are available on the Expert Witness Year Book page.

… advanced case law searches across law reports and UK legislation

ICLR.4 opens up the vast archive of official law reports and UK legislation held by the Incorporated Council of Law Reporting for England and Wales. Recent upgrades have ushered in an all-new search built upon Government-grade search technology used by the BBC, Raytheon and the US Defence Intelligence Agency.

Omni-search allows you to perform searches on case name, citation, free text and subject matter, all from a single search field. Assisted search suggests relevant search terms as you enter your query, helping you to craft the most targeted search strategy without having to enter all of the terms yourself. Professional members have a username and password they can use to access this valuable resource. ICLR.4 can be found at https://www.iclr.co.uk.

If you are a registered member you should log in to check whether you have free access.

… marketing your services effectively

The printed version of the UK Register of Expert Witnesses is available free to that segment of the legal profession which accounts for 80% of its total income and undertakes almost all its litigation work (just under 6,000 UK firms, including barristers, law libraries and trading standards offices). Insurers and corporate lawyers, amongst others, may also purchase it. The Register is not sold direct to the public.

Why only 6,000 law firms?

Others may promise a far wider distribution, but there is no point sending lists of expert witnesses to lawyers who undertake only conveyancing or probate work. We use our knowledge of the legal marketplace to ensure that the Register is available to those who will use it, rather than spending your money implementing a ‘scatter-gun’ system of distribution.