Be a good expert: Tell the truth
Paul Beckett
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Paul Beckett: Phlorum Ltd, UK
Journal of Building Survey, Appraisal & Valuation, 2022, vol. 11, issue 1, 23-30
Abstract:
This paper is aimed at surveyors and other property professionals who currently undertake, or who are considering undertaking, expert witness work. Many technical specialists can rightly consider themselves ‘experts’; however, it is quite another thing to be a competent and useful ‘expert witness’. What is the difference, and how can an expert properly transfer their qualifications and experience from their day-to-day work to the provision of expert evidence that will be scrutinised by lawyers? This paper aims to answer such questions and to provide guidance on how experts can improve their delivery of expert evidence in line with the rules. Tips are provided on how to produce good written reports and effective oral evidence. Examples of recent case law demonstrate that the courts are clamping down on poor-quality experts by serving painful sanctions, ranging from scathing criticisms in judgments to custodial sentences. It is hoped that this paper will assist property professionals to better understand their role and what is required of them when they accept expert instructions from solicitors.
Keywords: expert witness; expert evidence; litigation; civil procedure rules; case law (search for similar items in EconPapers)
JEL-codes: R3 (search for similar items in EconPapers)
Date: 2022
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Persistent link: https://EconPapers.repec.org/RePEc:aza:jbsav0:y:2022:v:11:i:1:p:23-30
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