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The important role of expert witnesses in personal injury cases
– indeed, many civil claims – is one that cannot be
overestimated. For that reason alone, the relationship between
expert, lawyer and client is one worth protecting from the start.
The specialist litigation lawyers at ParrisWhittaker have years of
experience working with experienced expert witnesses in Jamaica and
across the region, in all types of personal injury claims.
From the outset of a claim, selecting the best available
qualified expert for our clients is one of the most important steps
we take in theirinjury claim. Depending on the nature of the case,
the expert may be, for example, be an orthopaedic doctor, a
gynaecologist, pediatrician, dermatologist or psychiatrist.
We may decide that experts from other sectors are needed to help
your case, such as mechanical engineers, surveyors or veterinary
surgeons.
Whoever the expert, the way in which we communicate with and
commission them lays the groundwork for what comes next: the
client’s medical examination, the expert report, and the
evidence the expert may eventually give in court.
Experts’ views
But expert witnesses do not work in a vacuum. Mutual
understanding between us as the instructing lawyers, and the expert
from whom we commission a report, is crucial – their report
will be vital to your claim.
Each year, a survey1 of expert witnesses across many
disciplines is carried out in the UK. It reveals several
interesting trends, not to mention many insightful personal
anecdotes from survey respondents. A repeated theme emanating from
the latest report is the importance of having good, clear
communication with the lawyers. Good communication skills and
“building rapport are essential”, said one expert.
Naturally, the relationship between the expert and the client is
important. One expert notes that, for example, AI could never
replace expert witnesses: “The human touch is key and
exploring the client’s situation is a human skill –
communication, compassion, dignity and respect.”
Overriding duty
However, it is important to note that an expert’s overriding
duty is to the court, not to lawyers or even the claimant. They
must be independent and objective.
The Supreme Court Civil Procedure Rules 2022 (part 32)
specifically state: “It is the duty of an expert witness to
help the Court impartially on the matters relevant to his or her
expertise. This duty overrides any obligation to the person by whom
he is instructed or paid.”
This is one of many reasons why it’s so important that we
select the right expert for you; and forge good communication from
the start. Our team is careful when instructing experts but we are
aware there is always a risk the other party may produce a less
objective report, or a clearly biased report.
In fact, the survey reveals that of the 581 experts who
responded, 56% said they have come across experts who regularly
give an opinion favourable to the instructing lawyers –
“regardless of the evidence.”This is concerning.
It can be reassuring to know that instructing lawyers encourage
experts to let us know if they have any concerns around
impartiality, or if the other side’s expert appears to be
biased.
The courts do not look kindly at experts who are biased and lack
objectivity in breach of their duty to the court. Even unconscious
bias could sally an expert report, and we are careful to ensure the
tone and content of the expert reports we receive are appropriate
and impartial.
Footnote
1. Bond Solon 2023 Expert Witness
Survey
The content of this article is intended to provide a general
guide to the subject matter. Specialist advice should be sought
about your specific circumstances.
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