Expert Evidence & Current Issues

Around 80 members attended London Branch's evening seminar on Expert Evidence: Current Issues on 13th October in the historic former banking hall at Quadrant Chambers. The speakers were Philip Newman and Michael Cohen.

Philip, a former vice chairman and deputy chairman of the Academy of Experts, is a barrister specialising in contract and commercial disputes, professional negligence, and disciplinary and regulatory work encompassing a wide range of different professions. Michael is Chairman Emeritus of The Academy of Experts. In addition to being a Chartered Arbitrator and a Qualified Mediator he is an experienced Expert. He is the Editor of The Expert & Dispute Resolver.

The meeting was chaired by Matthew Marsh, partner in Collyer-Bristow, and part-time judge.

Philip's talk examined the practical issues around the instruction of experts. He discussed the case of GARETH PEARCE v (1) OVE ARUP PARTNERSHIP LTD in which Jacob J had reported an architect expert witness to his professional body due to his alleged biased and irrational conduct. Philip had later secured the exoneration of the architect concerned at the disciplinary hearing. He stressed the need for clear instructions to the expert and gave some tips on avoiding issues of privilege.

Michael gave the meeting the benefit of his experience as an expert, including appropriate terms of engagement, and how to resist pressure to alter opinions which were inconvenient to the client. He was once handed a fully drafted report and asked to sign it. The only part he used was the front sheet. The importance of independence, objectivity and integrity could not be overstressed. He usefully summarised some of the documents published by the Academy of Experts including its code of practice.

Both speakers recalled with affection the establishment of London Branch in 1993 and their service on the committee in the early days.

Philip and Michael took questions, which were many and showed the audience were fully engaged. Eventually Matthew, combining charm and firmness, brought the proceedings to a close. Stephen Bickford-Smith, chairman of London Branch, thanked the speakers and chairman, to enthusiastic applause.

The evening ended with refreshments provided by London Branch.