THE MALET STREET GAZETTE

EST. 1998

1858-2008

University of London External Programme 150th Birthday Events

Editor

Barrister Desk

MSG Past Articles

Book Reviews

Contact MSG

Home

Earn Your University of London LL.B Degree Online with ICLS

For over 250 years, Shaw and Sons have been supplying the legal profession and local government with specialist books specifically for our market.  Each year, they produce the excellent “Shaw’s Directory of Courts” which is a more detailed and comprehensive version of the various ‘Courts Guides’ which a number of publishers market, and they have now produced a most useful work by a judge on civil evidence and the expert witness which is highly relevant to both the student and the practitioner. 

District Judge Suzanne Burn has produced an invaluable guide for what she terms the successful use of expert witnesses in civil disputes, written in association with Bond Solon Training.  This is a practical book with 15 chapters and 5 excellent appendices.  I looked at the appendices as almost the first thing to do when I saw the structure of the book, and I realised how useful the information is: especially in Appendix 3 (letter of instruction to an expert), Appendix 4 (standard directions on expert evidence) and Appendix 5 (Code of Practice for Experts). 

Dyson LJ rightly says in his foreword that the book is timely, intensely practical and invaluable.  He is spot on as the text is for any lawyer who needs to instruct an expert witness in a civil case and needs help doing so. 

Let us be clear – there are ‘experts’, and there are expert witnesses. The problem we have today is the lack of confidence by the public at large in some expert witnesses because they appear as ‘experts’ but are merely offering ‘opinions’.  DJ Burn cuts to the quick with some excellent guidance for the local solicitor about to instruct an expert.  

Ms Burn offers comprehensive guidance to practitioners for the successful use of expert witnesses in civil proceedings and she refers frequently to our CPR requirements and case law.   The book has that most refreshing of aspects, a ‘questions’ page which will beat you to the formation of the sorts of questions you may be thinking about when a particularly knotty problems is posed by your client in conference.

 You Don’t Need to Question the Questions! 

These are just some of the questions which Suzanne Burn covers: 

·        what is expert evidence and when is it necessary?

·        What are the skills, qualities and qualifications required of an expert?

·        When should an expert witness be instructed?

·        How do you find an appropriate expert?

·        What should the instructions include?

·        How much, and crucially by whom, should the expert be paid?

·        What are the advantages and disadvantages of early expert evidence?

·        When will the court give permission for expert evidence?

·        When might the court restrict expert evidence?

·        What is the expert’s duty to the court; and

·        How should practitioners deal with inexperienced expert witnesses? 

The Structure of the Book 

Unlike our standard common law library texts which are great, but heavy, time-consuming and often require incredible concentration, Burn on Civil Expert Witnesses provides a breath of fresh air with her chapter structure which has a clear introduction, some useful questions and tips to consider as the meat of the text, and a sensible conclusion for the topic under discussion.  It is a great extra read for the student trying to achieve a ‘First’.  

The References at the back are clear although I would like to see an extension of the IT content, and the index is very manageable.  Altogether, this is a book for the twenty-first century solicitor about to instruct an expert in a matter where, quite often, new territory will be explored forensically, and Burn is more than a match for any questioner.  As I said at the beginner, we have a Shaw winner here!

     The Malet Street Gazette, Inc. is not a substitute for obtaining legal advice, and no one should rely on the information contained in the Gazette. The views and posts published on this website and the Malet Street Gazette Discussion Board are not expressions of the Gazette's management or editorial policy and do not necessarily reflect the Gazette's opinion. The Malet Street Gazette, Inc. accepts no responsiblity for the accuracy of any statement made herein, and all readers/visitors are advised to check the facts for themselves and not rely on statements made herein.  The authors and publishers accept no liability in relation thereto. The areas of law discussed are particularly fast-moving, and legal issues develop on a daily basis. The up-to-date position should always therefore be checked. The Malet Street Gazette is not connected nor officially sanctioned by the University of London.

Copyright©1998-2008 The Malet Street Gazette, Inc.