Chris Makin’s Blog Posts about ‘Litigation’
When Your SJE Gives The “Wrong” Answer
The Single Joint Expert (SJE) was developed by Lord Wolf in his Access to Justice, and has featured in the Civil Procedure Rules ever since they were launched. The SJE is very popular with the courts, and no wonder. For example, where there is need to value the family business where a clean break is […]
Who Writes Your Expert Reports?
A silly question, I know, but let’s persevere. It is a rock-solid principle of litigation that the expert must be independent, and that their opinions must be their own. The leading case is Whitehouse -v- Jordan [1980] UKHL 12, where Lord Wilberforce said: “The report of the expert must be, and be seen to be, […]
Expert Meeting? Leave Well Alone!
You, dear readers, will be aware from past articles of my recurring theme with experts: choose them with care, choose them early, instruct them fully, and then let them get on with the job. In particular, choose experts who are not only outstanding in their main profession, but who also have become proficient in their […]
If You Need To Change Your Expert…
In litigation, the relationship between the expert and the instructing solicitor is an important one. I have preached in many previous articles about the need to choose your expert with care, and not to tell the trainee to get the cheapest at the latest possible date but choose yourself an expert who is both excellent […]
The CPR And CrimPR Rules For Experts Really Do Matter
This is a morality tale, with some examples of expert witness disasters that were the fault of those who should have known better. First, in the case of R -v- Steven Sulley & Ors, eight defendants were accused of fraud in selling voluntary carbon credits (me neither). Investigations were carried out by the Metropolitan Police, […]
The Expert Witness – A Brief History
This is a brief history of the expert witness’s involvement in litigation in recent years. It may help you litigators to brief your experts effectively. As an expert, I am “plugged in” to the process only at certain stages, so don’t expect me to know all the ins and outs of case management. I will […]
It’s Criminal!
Practitioners need to be aware that the authorities are taking a hard line with those who abuse the courts. We see this in two recent matters where straightforward personal injury cases turned into very serious criminal proceedings. Interestingly, both of them concern my home town of Huddersfield, though I stress we are not all criminals […]
Whose Fault – The Expert’s Or The Solicitor’s?
On these pages and in my blogs I have often told lurid stories of expert evidence going wrong, the assumption being that it is the expert who wrecked the case. But is that always fair, or do you, as instructing solicitor, also bear some responsibility? I respectfully suggest that you do have a duty, particularly […]
An Expert Warning
Don’t let an ill-chosen expert spoil all your good work. Experienced expert witness Chris Makin offers a checklist of experts to avoid. In appointing an expert witness, the first question you should ask is whether this person spends all their time as an expert witness. If so, proceed with caution. A retired medical professional who […]
Post-Nominals – Do They Matter?
This is a moral tale about your choice of expert. A little while ago, I wrote about Andrew Ager, an “expert” appointed by the CPS to give evidence at the trial of some men accused of the sale of voluntary carbon credits (me neither!). His incompetence, lack of experience and malpractice were quite breathtaking, causing […]