Building Expert Witnesses, are they independent?

Unfortunately many expert witnesses are just mouthpieces or lap dogs for their clients and that is contrary to their roles and their declarations of paramount duty to assist the tribunal or the court. What should an expert witness do?

Expert witness should give factual evidence with interpretation of the evidence and the expert opinion without fear or favour. Outcome of the dispute is immaterial however proper discharge of the duties will generally assist expert’s client’s (because they get to set terms of reference) but not always.

In a recent case I was asked for an expert opinion on a particularly badly constructed concrete paving(by my client). After inspection I agreed with the opposing expert. This is what I said:

A summary of the opinion or opinions of the expert:

The concrete driveway, although fully functional, is defective because of sub standard appearance, more particularly because of extensive shrinkage cracking, blotchy appearance and powdery loose edge pigment.

 The cause of sub standard appearance is poor workmanship, more particularly delay in cutting in shrinkage control joints, failing to trowel in faux brick pigment and failing to ensure even driveway colour.

In my opinion, the driveway should be demolished and replaced.

That’s what I do, I call it the way it is! It may be brutal and to the point but when the workmanship is not there, that’s the way the cookie crumbles.

Cutting edge, honest and impartial expert opinions are the “Oxygen” of the tribunals or the courts without which there is no survival. There is no room for “politically correct” fluffing.

 

 

 

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