EWJ June 61 2025 web - Flipbook - Page 97
myself whether my opinion has changed. I'll go back
to what I consider to be the key pages in the medical
records and make sure they are in the trial bundle.
I always check the Civil Procedure Rules (CPR)/Court
of Protection Rules and the practice directions. I can't
quote them, but I'm alert to an easy question from any
of the barristers: ‘When was the last time you read Part
35 of the CPR?’”
in the back of your mind that you may need to go to
court! When you start hearing that the case may go to
trial, look at when your assessment was undertaken
and think of whether things could have changed.
Worst case scenario, you can always re-assess the
claimant, which is a much better option than being in
the witness box and not being sure of your findings.
Thirdly, talk to your solicitor beforehand. Don’t be
concerned for example that they will think of you
differently if you don’t have experience of giving
evidence at trial and need some guidance. It doesn’t
make you a bad expert witness to say you need help
for something you haven’t done before; in fact, it is
quite the opposite!
Did you receive any useful advice in advance of the
trial that you would like to pass on?
Laura: “It was another expert who said the day
before I gave evidence, “Laura, you don’t need to
know the other expert’s evidence by heart!”. It seems
obvious but when you are in the thick of it you lose
perspective. Although you don’t need to know everyone else’s, it is essential to know your own evidence
inside and out.
Bear in mind that in the courtroom, you are probably
the only one who knows your field as well as you do.
You are talking to very intelligent people but that
doesn’t mean they know your field of expertise and
the jargon! I found that giving examples to illustrate
my thinking made it easier for the judge to understand what I was talking about.
The objective of the trial is for you to give information
to the judge in your area of expertise so the judge can
make their findings. It is not a race, you are allowed
time to look at your bundles, think about the question
and explain your position.
Finally, and most importantly, it is essential to
remember just how crucial it is to stay in your field of
expertise and to acknowledge when you are at the
limits of that expertise. Your reasoning is based upon
your expertise and if you start to offer opinions in
other areas, these will not stand up to scrutiny.”
Take your time and check your facts. If you have any
doubts, I would strongly recommend you reassess the
claimant before the trial.”
Chris: “Use simple language, be honest, don't argue,
admit ignorance, if your opinion has changed (based
on other evidence), admit as much and say why. Most
of all, no BS!”
What advice would you give to an expert about to
embark on giving evidence at trial?
Laura: “Make sure you set aside the time needed to
prepare and consider if you need to be there throughout the trial. It is your reputation at stake, so even if
your solicitor doesn’t think it necessary for you to hear
other experts giving evidence and while you may not
be paid for the extra days, go and listen.
How did you find the experience of giving evidence?
Chris: “Very stressful, and it doesn't get easier. But it's
a hugely important role.”
Laura: “It was very satisfying! I saw it as a collaborative exercise, where the solicitors and barristers were
trying to do the best for their clients, and the experts
were trying to stay focussed and impartial to provide
the judge with the relevant information so they could
form their opinion and make their findings. Because
of this, I was able to stay very focused and relatively
relaxed.”
On a practical level, eat, drink and sleep – you don’t
know how long it will take. When you are giving your
evidence, take your time and remember to breathe
and pause. It is not a race.”
Chris: “Listen to the question, speak up to the judge,
then finish. Less is usually more and never, never
argue with a barrister.”
What do you think is key to being able to give
evidence successfully?
Chris: “Being a good clinician first and foremost;
secondly, being able to function under pressure, and
finally, being a good communicator.”
What tips would you give to a solicitor guiding their
experts through the process of giving evidence at
trial?
Laura: “Give your expert support in the lead up. A
good expert may still be apprehensive about going to
trial.
Laura: “Firstly, undertake training on how to give
evidence. Throughout my career I have attended
different courses and workshops to understand the
process and what is expected of the experts in court.
As an example, during the training they tell you that
it is important that you talk to the judge. My worst fear
was forgetting to talk to the judge and respond to the
barrister who was asking me the question. When I was
in the box, it wasn’t as difficult as I thought it would be,
and talking to the judge felt obvious.
Tell or remind your expert what their job is and
remind them that even if the barristers are being
assertive or even combative, not to take it personally.
The expert’s job is assisting the judge to make their
findings. Keeping that in mind helped me to diffuse
the heated debates.
Don’t wait for the expert to say they need to reassess
the claimant. The expert might be so nervous about
the prospect of an intense legal process that they
might not think about a reassessment or might not
realise it is an option.
Secondly, at the point you take the instruction, be sure
that you are the right expert for the case. When you
do your assessment make sure it is thorough and keep
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