EWJ 60 April 2025 web - Journal - Page 72
In our opinion there is a compelling case for introducing expert evidence earlier in the proceedings:
their opinions will inevitably shape the trajectory of
the case. The legitimate independence of the expert
will always potentially be a matter of contention, something we revisit in later in this series.
l Establishing Context: Experts can help set the stage
by explaining complex technical or financial concepts
upfront. This foundational knowledge can guide the
court’s understanding of the factual evidence, avoiding time-consuming trial time.
Conclusion: Optimising Expert Opinion
To maximise the value of expert witnesses, legal and
financial professionals might need to rethink how they
define and deploy expertise in litigation. Narrowing
the scope of expert instructions, encouraging concise
and focused testimony and reconsidering the timing
of expert evidence are all steps that could enhance
efficiency, clarity, and fairness.
l Shaping Legal Arguments: Early expert input allows
both sides to refine their submissions in light of the
issues highlighted by the experts.
l Reducing Misunderstandings: Delaying expert
testimony risks entrenching misinterpretations of
technical matters, which can be difficult to undo later.
Part III
Expert Witness Case Study: Rethinking
Expertise, Independence, and Testimony
Of course, presenting expert evidence earlier requires
careful planning to avoid prejudicing the court or undermining the factual narrative. Clear procedural
guidelines would be essential to ensure fairness.
In this third part of our series on financial expert
witnesses, we delve into critical questions surrounding
the qualifications, independence, and courtroom
practices of experts. What constitutes true expertise?
How independent can experts really be? And how can
the process of presenting expert evidence be refined
to better serve the interests of the court?
The Influence of Expert Opinions
Expert evidence often serves as the cornerstone of
both parties’ submissions to the court. Once expert reports are submitted, they shape the arguments, strategies, and counterarguments of all involved. This
influence underscores the importance of high-quality
expert analysis:
What Qualifies Someone as an Expert?
In our opinion a central issue in expert testimony is
where is the threshold for being considered an expert? In financial litigation, for example, familiarity
with industry practices, technical systems, or
regulatory frameworks may qualify for expressing expert opinion. However, whilst a strong understanding
of the subject matter is an obvious pre-requisite,
knowledge gained via academia or senior management positions may not always be comparable to the
long-term experience of a market practitioner.
l For the Court: Expert opinions guide the judge in
interpreting technical evidence and understanding
the implications of key facts.
l For Counsel: The opposing side’s expert report
often dictates the focus of rebuttal arguments and
cross-examination strategies.
Experts must, therefore, be mindful of their dual role:
while they serve as impartial advisors to the court,
GOOD NEURORADIOLOGY
Dr Catriona Good
MBChB, FFRad(D), FRCR, PhD, EDiNR
Dr Catriona Good is Consultant in Neuroradiology and Honorary Senior Lecturer at Brighton and Sussex Medical School.
Dr Good is suitably qualified to provide expert opinions on all aspects of brain and spinal neuroimaging.
Including: all aspects of diagnostic brain and spine imaging, brain and spinal trauma, brain haemorrhage
and stroke, neurodegeneration including dementia, movement disorders, skull base, orbital and ENT imaging,
TMJ imaging and Peripheral nerve imaging.
Dr Good has been undertaking medicolegal work for the past 19 years and is a vetted expert for Academy of Experts,
Faculty of Experts and APIL (1st tier) She has also obtained the Cardiff University CUBS qualification.
Cases include personal injury, clinical negligence, criminal cases and GMC and Irish Medical Council
fitness to practice proceedings. She undertakes both Claimant and Defendant work, has civil court experience
including hot tubbing and has been instructed as a Single Joint expert. She undertakes adult cases only.
Dr Good has attended Coroner’s Court on four occasions and an Irish Medical Council hearing.
Medical Report turnaround time is usually 2 -3 weeks but she can provide reports in 5 working days in urgent situations.
Dr Good can also supply Screening Reports.
Email: goodcatriona@gmail.com
Web:www.goodneuroradiology.com
Area of work Nationwide
EXPERT WITNESS JOURNAL
70
APRIL 2025
