Do you understand what is required from an Expert Witness?
Many experts are skilled in their field of expertise but lack a full understanding of their role and duties, the skills to write first class reports for court and give evidence confidently, particularly when vigorously challenged on their findings.
In November 2022, the judgement in Duffy v McGee T/A McGee Insulation and GMS Insulations Limited [2022] IE served as a strong reminder to expert witnesses that it is vital they fully understand their role and responsibilities when giving your evidence to the Court.
In this personal injuries case, the plaintiff claimed to have been exposed to toxic chemicals in their home following the spray of insulation at the premises. The High Court had concern that the expert evidence for the defendant was biased and not independent. The expert specialised in the field of toxicology, he questioned whether the plaintiffs were telling the truth and purported to give his opinion on the exchanged psychiatric and medical reports, even though these areas were not within his area of expertise. The High Court proceeded to entirely exclude his evidence on this basis.
The Court of Appeal upheld the High Court decision and again highlighted the duties and responsibilities of expert witnesses. The judgment of Collins J noted that, far too often, expert witnesses appear to fundamentally misunderstand their role and wrongly regard themselves as advocates for the cause of the party by whom they have been retained. Such a culture is unacceptable and needs to change.
The need for Expert Witness Training
Many experts are skilled in their field of expertise but lack a full understanding of their role and duties, the skills to write first class reports for court and give evidence confidently, particularly when vigorously challenged on their findings.
In addition to having the relevant qualifications, knowledge and experience in their professional field, expert witnesses should also undertake specific training for being an expert witness, to ensure they possess the skills and knowledge required to work compliantly and effectively in this area. This training should be regularly refreshed and kept up to date.
Expert witness work, as with any professional service, needs to be underpinned by professional training. In fact, many instructing parties expect those that they instruct to have received formal training for being an expert witness.
Some inherent risks facing expert witnesses who fall short of their duty, include: judicial criticism, and sanctions imposed by professional bodies. Undertaking expert witness training with La Touche Training will help mitigate the risks to the expert and their practice. It will also give the expert witness the skills and knowledge required to carry out their role compliantly, effectively and to the very highest standards.
To learn more about how to best present evidence in court, please visit our Expert Witness page.
