In Jones v Kaney the Supreme Court found that the expert had been negligent in the expert witness meeting. Experts must conduct an expert witness discussion in accordance with their duty to the court and their duty to the client.
This training will equip experts with the knowledge, practical skills and confidence to prepare for and conduct an expert meeting effectively. Experts will learn how to prepare using the case preparation model to identify issues, facts and opinions. They will consider how to question the expert for the other party to effectively explore and exchange relevant technical information. They will discuss the benefit of an agreed agenda and the best way to identify the issues and facts that they agree and disagree on and the reasons for this and to work toward the Joint Statement.
- What the CPR and Guidance and CrPR say about expert witness discussions – meetings
- Understanding the roles, responsibilities and duties of the expert witness at the meeting
- Handling instructions from solicitors not to reach agreement and experts not acting in accordance with their duty or experts who refuse to sign the agreement
- Considering the case preparation model to identify the issues, facts and opinions
- How to prepare and agree an agenda and to keep notes during the meeting
- How to effectively question and evaluate the strengths and weaknesses in the evidence
- Identifying the agreed and disagreed fact and issues and the reasons for this and working towards the Joint Statement
- Practical role play and feedback on expert witness meetings