The Reliable Expert Witness
Author: Mark Tottenham
ISBN: 978-1-911611-33-2
Format: Paperback
Publishing: January 2021
Professionals from many disciplines, businesses and industries are regularly called upon to prepare reports or to give evidence in courts, arbitrations and other hearings. Whether described as ‘expert’, ‘skilled’, or ‘specialist’ witnesses, their contribution is often crucial to the outcome of the case.
Experts can be publicly embarrassed if they are ill-prepared, or do not understand their duties to the court. Many high-profile miscarriages of justice have arisen because of the conduct of such witnesses, who have given biased evidence in favour of one party, or simply failed to understand the courts’ requirements.
Mark Tottenham, an experienced barrister and mediator, and award-winning writer on legal issues, has written this short and authoritative guide to the responsibilities of professional witnesses. Drawing on authorities throughout the English-speaking world, he outlines: the duties of an expert witness; the requirements of a written court report; how to prepare to give evidence in court; how to maintain a professional detachment from the client and instructing legal team; the involvement of expert witnesses in preparing pleadings and ‘Scott schedules’; and the role of expert witnesses in other forums such as mediations, inquests and public inquiries.
Content Includes
Types of Expert and Professional Witness
The Duties of Expert and Professional Witnesses
Enforcement of Experts’ Duties
Accepting Instructions
Factual Investigations
Conducting Professional Research
Reaching a Conclusion
Preparing and Writing an Expert Report
Communication and Consultation Between the Experts and the Instructing Legal Team
Meetings With Other Experts
Pleadings, Affidavits and ‘Scott Schedules’
Oral Evidence at Hearing
Alternative Dispute Resolution
Other Hearings or Inquiries
APPENDIX 1 – Checklist for Accepting Instructions
APPENDIX 2 – Checklist for an Expert Report
APPENDIX 3 – Case Law on Duties of Expert Witnesses
Author: Mark Tottenham
ISBN: 978-1-911611-33-2
Format: Paperback
Publishing: January 2021
Professionals from many disciplines, businesses and industries are regularly called upon to prepare reports or to give evidence in courts, arbitrations and other hearings. Whether described as ‘expert’, ‘skilled’, or ‘specialist’ witnesses, their contribution is often crucial to the outcome of the case.
Experts can be publicly embarrassed if they are ill-prepared, or do not understand their duties to the court. Many high-profile miscarriages of justice have arisen because of the conduct of such witnesses, who have given biased evidence in favour of one party, or simply failed to understand the courts’ requirements.
Mark Tottenham, an experienced barrister and mediator, and award-winning writer on legal issues, has written this short and authoritative guide to the responsibilities of professional witnesses. Drawing on authorities throughout the English-speaking world, he outlines: the duties of an expert witness; the requirements of a written court report; how to prepare to give evidence in court; how to maintain a professional detachment from the client and instructing legal team; the involvement of expert witnesses in preparing pleadings and ‘Scott schedules’; and the role of expert witnesses in other forums such as mediations, inquests and public inquiries.
Content Includes
Types of Expert and Professional Witness
The Duties of Expert and Professional Witnesses
Enforcement of Experts’ Duties
Accepting Instructions
Factual Investigations
Conducting Professional Research
Reaching a Conclusion
Preparing and Writing an Expert Report
Communication and Consultation Between the Experts and the Instructing Legal Team
Meetings With Other Experts
Pleadings, Affidavits and ‘Scott Schedules’
Oral Evidence at Hearing
Alternative Dispute Resolution
Other Hearings or Inquiries
APPENDIX 1 – Checklist for Accepting Instructions
APPENDIX 2 – Checklist for an Expert Report
APPENDIX 3 – Case Law on Duties of Expert Witnesses
Author: Mark Tottenham
ISBN: 978-1-911611-33-2
Format: Paperback
Publishing: January 2021
Professionals from many disciplines, businesses and industries are regularly called upon to prepare reports or to give evidence in courts, arbitrations and other hearings. Whether described as ‘expert’, ‘skilled’, or ‘specialist’ witnesses, their contribution is often crucial to the outcome of the case.
Experts can be publicly embarrassed if they are ill-prepared, or do not understand their duties to the court. Many high-profile miscarriages of justice have arisen because of the conduct of such witnesses, who have given biased evidence in favour of one party, or simply failed to understand the courts’ requirements.
Mark Tottenham, an experienced barrister and mediator, and award-winning writer on legal issues, has written this short and authoritative guide to the responsibilities of professional witnesses. Drawing on authorities throughout the English-speaking world, he outlines: the duties of an expert witness; the requirements of a written court report; how to prepare to give evidence in court; how to maintain a professional detachment from the client and instructing legal team; the involvement of expert witnesses in preparing pleadings and ‘Scott schedules’; and the role of expert witnesses in other forums such as mediations, inquests and public inquiries.
Content Includes
Types of Expert and Professional Witness
The Duties of Expert and Professional Witnesses
Enforcement of Experts’ Duties
Accepting Instructions
Factual Investigations
Conducting Professional Research
Reaching a Conclusion
Preparing and Writing an Expert Report
Communication and Consultation Between the Experts and the Instructing Legal Team
Meetings With Other Experts
Pleadings, Affidavits and ‘Scott Schedules’
Oral Evidence at Hearing
Alternative Dispute Resolution
Other Hearings or Inquiries
APPENDIX 1 – Checklist for Accepting Instructions
APPENDIX 2 – Checklist for an Expert Report
APPENDIX 3 – Case Law on Duties of Expert Witnesses