Expert Witness Work: is it for you?
FOCUS ON ABSTRACT
In all developed systems of law, the evidence of expert witnesses can be crucial to the outcome of a dispute. Nowhere is this more so than in the UK, where expert evidence has been used in court cases since at least the 15th
century. Nowadays it may
BY DR CHRIS PAMPLIN BSC PHD, UK REGISTER OF EXPERT WITNESSES
After gaining his PhD in 1988, Chris took on the development of the UK Register of Expert Witnesses. After 3 decades editing the Register, and discussing practical expert witness matters with a vast range of expert witnesses, he has acquired a detailed knowledge of the rapidly changing forensic scene in the UK.
be required in civil, family and criminal proceedings, as well as in arbitrations, before specialist tribunals, and for public or parliamentary inquiries.
For marine surveying expert witnesses, their expert skills are most in demand from ship owners and purchasers, marine underwriters, ship and engine builders, salvage associations, P & I clubs, offshore industry, harbour and navigation authorities, fleet and boat hire operators, equipment suppliers and so on. From an historic canal boat damage and repair survey to a high-publicity commercial marine accident investigation analysis, a cargo condition and quantity survey to a superyacht valuation, the scope of possible involvement across the discipline is vast.
Regardless of the type of litigation, though, any marine surveyor considering expert witness work must understand their role in the proceedings and remain impartial, regardless of the instructing party. Let’s take a look at what’s required1
EXPERTS AND EXPERT WITNESSES
An expert is anyone with knowledge or experience of a particular field or discipline beyond that to be expected of a layman. An expert witness is an expert who makes this knowledge and experience available to a court to help it understand the issues of a case and thereby reach a sound and just decision. There is, currently, no precondition imposed by English law on the qualities required of an expert witness. It is for the courts, on a case by case basis, to make a judgment of the individual’s qualities and to weigh the expert’s evidence in accordance with this judgment.
‘… any marine
surveyor considering expert witness work must understand their role in the proceedings and remain impartial, regardless of the
instructing party’ Dr Chris Pamplin
. The Report • December 2017 • Issue 82 | 49
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