Delivering effective Expert Evidence is becoming harder, at least in the UK, Australia and most likely other Commonwealth jurisdictions. Traditionally the role of a Judge was to apply the law to the evidence presented by the parties to a dispute. In the case of expert evidence, this could include expert opinion, and where experts disagree, the Judge could choose one expert’s views over another, or combine the views. This approach seems to be changing with significant implications for the experts when preparing their reports and evidence.
It now seems acceptable in the UK and Australia that ‘the court is not compelled to choose only between the rival approaches and analyses of the experts. Ultimately it must be for the court to decide [what occurred] as a matter of fact… from a common-sense perspective'.
Our latest article: Delivering Expert Evidence is Becoming Harder discusses a number of recent judgements that seem to have re-framed the challenge of delivering effective expert evidence in the UK, Australia and potentially many other jurisdictions.
Download the article from: https://mosaicprojects.com.au/PMKI-ITC-020.php#Process2
Using Expert Advice
Following on from the publication of Delivering Expert Evidence is Becoming Harder, a number of occurrences suggest many people, including some politicians and journalists have no idea how to use expert advice.
We are experts and regularly provide expert advice and testimony to decision makers in our areas of expertise. We expect the decision maker to consider our advice, consider other relevant factors, and then make an informed decision. Under no circumstances should a decision maker simply accept expert advice. The job of an expert is to apply the lens of their expertise to a set of facts and provide advice based on that framework – experts are not doing their job properly if they try to second guess all of the other factors the decision maker may feel are important and 'fudge the advice' to fit the likely decision.
The role of a decision maker is to weigh all of the various sets of advice they receive, make an informed decision and then take responsibility for the decision they have made! The role of an expert and a decision maker are quite different!
Download Delivering Expert Evidence is Becoming Harder from https://mosaicprojects.com.au/PMKI-ITC-020.php#Process2