Independence and Immunity
Friday 6th May 2011
Chilworth Manor, Southampton
Expert Witness Immunity Wiped Out
New Expert Witness Accreditation Proposal
Important Expansion of SEW Conference Programme
The recent, much-anticipated case of Jones v Kaney has resulted in the withdrawal of witness immunity from expert witnesses. What effect will this judgement have on experts? Will it
- Radically alter their approach to giving testimony?
- Cause experts to abandon such work in droves?
- Mark the beginning of an open season for suing experts?
- Burden them with soaring indemnity costs?
Coincidentally, a new proposal for the accreditation and certification of expert witnesses has been formulated by the Expert Witness Institute. Experts remember previous schemes without enthusiasm; is this one to be any different?
Such is the importance of these two recent developments to the expert witness community that the Society has altered its imminent conference programme to allow leading legal thinkers to address their implications. See the new programme for details.
The Independence Imperative
Solicitors and barristers are obliged to take the side of their clients and constantly seek to persuade expert witnesses to give their opinions in a favourable light; this exposes the experts to the risk of compromising their independence. But such compromise would breach their overriding duty to the court, so it must be resisted. From receipt of a solicitor’s enquiry to presenting and discussing opinion evidence, experts must be – and must be seen to be – independent.
The Expert’s Obligations
That the non-partisan position of experts is central to their function and credibility is repeatedly borne out. Time and again, experts of all disciplines have been shown to regard maintaining and demonstrating independence as key concerns, partly from pride in their professional performance and partly from fear of criticism, leading to disciplinary sanctions and consequent adverse effects on their livelihoods. In the opening session Christopher Boocock will describe the obligations of expert witnesses to maintain independence and how to assess their own performance.
Preserving Independence
Experts whose independence or professional credibility has been challenged will present the facts of their individual experiences of a variety of attacks. In a session moderated by Christopher Boocock, they will describe how they dealt with them and with what measure of success – or failure! The floor will then be opened for discussion of the cases and possible strategies for experts to preserve their independence. Richard Cory-Pearce will end the morning sessions by identifying the common danger areas and how to navigate safely through them.
Accreditation Reappears
Just two years after the Council for the Registration of Forensic Practitioners was wound up, a new proposal for the accreditation/certification of expert witnesses is being circulated. The source is the Expert Witness Institute whose chairman, James Badenoch QC, will present the details of the scheme and seek expert views on how its structure and validity could be improved.
Society Open Forum
After tea, the salient issues raised by the day’s proceedings will be open to the views of all, led by a panel drawn from the speakers and selected experts. This promises to be an even more lively debate than the usual robust and forthright exchanges for which the Society is known.
Book Now – discounts available
This is a conference not to be missed. It is your opportunity to find out and understand more of the recent changes affecting expert witness practice. Remember, no-one acts for the expert witness in legal proceedings so you need to know how to ensure your performance is beyond reproach and secure from attack.