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Session 1
The Expert Witness in English Law – Expert, Witness and Not an Advocate
- The Legal Framework: CPR Part 35, Practice Direction 35, Guidance for the Instruction of Experts in Civil Claims 2014 and case law
- What is expert evidence?
- When will expert evidence be allowed?
- Different types of experts – The role of the single joint expert and assessors
- Experts’ core duties
- Role of an expert versus that of an advocate
What makes an Expert Witness credible?
- The importance of instructions
- Writing a credible expert report
- Dealing with the other side – Part 35 Questions and Joint Statements
- How judges evaluate evidence and resolve differences between experts in practice
- Tips for getting on the right (versus the wrong) side of the judge at trial
- Added challenges - Remote hearings and hot tubbing
Mandatory rules – review of ‘the role’
- Ikarian Reefer
- Case law
- CPR part 35, PD to Part 35 + tribunal-specific rules
Presenters:
Camilla Lamont, Barrister of Landmark Chambers
David Holland, King’s Counsel and Joint Head of Landmark Chambers
Session 2
Handling the appointment process
- Overview of what is required
- Relevant experience and expertise
- Conflict check
- Confirmation of instructions letter
- Definition of role
- Definition of instructions / key questions
- Information to be provided
- Remuneration – basis
- Timings
- Terms of Business
Due diligence
- Documents
- Site inspection
- Note taking
- Photographs
- File keeping
- Assisting the legal team
Report writing
- Structure and format / model forms
- Mandatory content
- Suggested content and formatting
- Final checks
- Supplementary reports
Presenters:
Sarah Fellows, Director, Savills
Sebastian Deckker, Director, Savills
Session 3
Discussions and exchanges between experts
- Without prejudice
- Timings
- Purpose
- Agenda
- Location
- Format (chair, assistants, legal support)
- Joint Statements
Giving evidence in court
- Preparation
- Format and process
- Questioning process
- Other issues (e.g.: Purdah)
Building a reputation and demand
- Experience, assisting
- Courses, registers
- Judgments
Presenters:
Sarah Fellows, Director, Savills
Sebastian Deckker, Director, Savills