More than four out of five expert witnesses believe judges should be more willing to grant anonymity to witnesses giving evidence in highly controversial or criminal cases. This is one key finding of the 2023 Expert Witness Survey, produced in collaboration with the Gazette and published for today’s annual Expert Witness Conference.

The finding reflects instances where experts are instructed to give evidence in emotionally challenging circumstances. It cites the nine-month Lucy Letby trial, in which a consultant paediatrician who acted as expert witness described the experience as ‘long and harrowing’.

Another focus this year is the occasionally difficult relationship between experts and instructing solicitors. Most respondents have encountered experts who regularly give an opinion that is favourable to the instructing solicitors regardless of evidence. This ‘should be a matter for scrutiny by the courts and all court users’, the report says.

The report also lists the hourly rates charged by experts in different disciplines. Only 30% of experts have increased their rates in the last year.

One respondent complained: ‘Recovering fees from solicitors, CPS and courts is a nightmare. Fees should be paid before providing the report.’

Another said: ‘Medical expert witness professional fees should be in line with lawyers (solicitors and counsels) of the same seniority and experience. This is because a high-quality report with unbiased impartial expert opinion is the key to a successful conduct of the claim by the lawyers.’

In Focus: Expert Witness Survey 2023

 

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