The Challenge of Expert Evidence

‘No practising lawyer should underestimate the difficulty involved in preparing and mounting an effective challenge to a well-prepared expert’s evidence by cross-examination, even when assisted by his or her client’s own expert.

With the power which an expert has to influence the decision of a fact-finding tribunal, whether judge or jury, goes responsibility. As some controversial cases have shown, the abuse by an expert of the power which he or she is given can cause serious harm and injustice.’ Lord Hodge, Supreme Court, October 2017

Such have been the advances in advocacy training that most advocates nowadays will do a decent job of examining a witness of fact either in chief or by way of cross-examination. A thorough knowledge of the facts of the case, combined with careful preparation, will give the advocate the confidence and ability to bring out truth and to expose untruths. When it comes to expert evidence, the landscape changes. Not only does the subject matter comprise material that often constitutes difficult ground for the advocate, but the experts’ opinions are themselves underpinned by what often appears to be impenetrable material. Many such experts have considerable presence and speak with great authority. A combination of all these factors provides the potential for the perfect storm whereby flawed opinion evidence is delivered to the court, it is not tested in a way that would unearth those flaws and a judgment is given based on that flawed evidence.

Read more: Counsel Blog, https://is.gd/R794XH