If you give, or are asked to provide expert witness in court, this case - totally unrelated to the marine sector - will make you think carefully about your role and how you approach your report.
The report There was criticism, too, about the way in which Mr Moore’s report was drafted.
This was triggered by his open admission in the report that it been made “from notes made by the lawyers [for the claimant] from what I have told them at face-to-face meetings with them and in telephone calls”. It was, therefore, unclear as to whether the report was actually Mr. Moore’s opinion or the lawyers’.
The judge ordered disclosure of the notes referred to in the report. Mr. Moore was cross examined in depth about his report and the following emerged:
- The report was drafted, amended and redrafted by the lawyers (albeit subject to Mr. Moore’s review).
- Mr Moore was asked questions by his lawyers in telephone calls and face-to-face meetings, over some months.
This could certainly look bad, both for the expert and for the lawyers. Having heard his evidence under cross examination, however, the judge concluded that:
- In revealing how the report came into being, Mr. Moore was being commendably candid with the court. - Mr Moore was a very careful witness, who made concessions “where appropriate”. - Mr Moore was “not someone who would put his name to a document that did not contain his views” and was “not just a conduit for the views of others”.
The lawyers were unusually involved for practical reasons. She noted that “Mr. Moore told the court, he rides horses, he does not sit at a computer”.
Conclusion Whilst this is purely an illustrative judgment (not an authority), experts would be well advised to take note.
What went in Mr. Moore’s favour were his transparency and his adherence to the evidence. Together, they demonstrated his compliance with his overriding duty to the court in a very difficult and tragic case. Judges place great weight on the way in which witnesses give their evidence. They assess the witness in front of them and always look for credibility, integrity, and straightforward helpfulness.
And, what about the outcome of the case? Well, the judge found in favour Mr Tylicki. This was not a case of mere lapses of judgement, but of reckless disregard for his safety.
IIMS is grateful to Nick Deal who authored this article, which was originally published on the Bond Solon website.
Bond Solon is the UK’s leading legal training and information company specifically for non-lawyers and offers a comprehensive range of Expert Witness courses. View their website at
https://www.bondsolon.com. If you have any questions regarding Bond Solon training, please contact them directly either by telephone us on 020 7549 2549 or by email at
expertwitness@bondsolon.com.
The Report • September 2022 • Issue 101 | 119
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