Expert Witness Journal Issue 64 December 2025 - Flipbook - Page 36
The judge recalled the defendant’s counsel asking
the claimant’s expert witness whether he had
changed his opinion to which he replied, “I agree it
is not clear.”
“Therefore, despite being given three chances to
concede that he had obviously changed his mind, he
was unable to do so. This does not appear to comply
with his duties under PD 35, which requires that ‘if
after producing a report, an expert’s view changes
on any material matter, such change of view should
be communicated to all the parties without delay,
and when appropriate to the court.’”, the judge said.
How did these issues impact the judgment
in the case?
Aside from lacking the appropriate level of expertise
for this case, the expert appeared to have completely
neglected his duty to the court throughout the case.
He chose to place himself 昀椀rmly on the side of the
instructing party and to 昀椀ght their corner, rather
than comply with his duties under Part 35 of the
CPR, particularly his overriding duty to the court.
It is impossible to say whether an alternative expert
witness would have led to an alternative outcome for
the claimant. However, this expert did not help the
claimant’s case and likely harmed his own reputation
as a credible expert witness for future instructions.
The judge ruled that the claimant failed to prove
her case on liability and causation, and the claim
was dismissed.
What are the key learnings for
expert witnesses?
The case o昀昀ers lessons for experts in the importance
of being aware of, understanding and complying
with all their duties and responsibilities under Part
35 of the CPR. It also presents an example of what
not to do if your evidence changes during the case
or is found to be confusing or incoherent.
Bond Solon provides training1 covering all the core
skills and knowledge expert witnesses require to
ful昀椀l their role compliantly and e昀昀ectively. We also
o昀昀er university certi昀椀ed training programmes2 that
are widely regarded as the industry gold standard by
instructing parties.
Please visit our website for further details.
www.bondsolon.com
References
1
www.bondsolon.com/expert-witness/
2
www.bondsolon.com/expert-witness/expertwitness-certi昀椀cates/
EXPERT WITNESS JOURNAL
33
DECEMBER/JANUARY 2025-2026
