Testimonials for The Reliable Expert Witness
“Excellent and thorough resource for expert witness work. Insightful and cleverly written by Mark Tottenham. Highly recommend.” – Justin Masterson, Civil engineer and arbitrator, with international project management experience, on large-scale infrastructure projects, April 2023 – link “This book is a must read.” – Christophe Champod PhD, Professor of Forensic Science, University of Lausanne. “Comprehensive and […]
The 13 duties of expert witnesses in common law courts
Too many expert witnesses in common law courts find themselves in hot water, because they don’t understand what is expected of them. If you want to be a reliable expert witness, here are the 13 simple duties you MUST be aware of: 1. Tell the truth, both in oral evidence and in written reports. Do […]
Employer attempting to block employees from giving expert evidence
In a voting right case in Florida, the University of Florida has barred its academic staff from giving expert evidence. More here: https://www.npr.org/2021/10/30/1050817670/university-florida-professors-free-speech-voting-rights?t=1635697496279
Expert shopping
In the 2016 English case of Coyne v Morgan & Anor (t/a Hillfield Home Improvement) [2016] EWHC B10 (24 May 2016), the defendant sought to adduce evidence from an expert witness, having previously retained a different expert. The original expert had met the plaintiff’s expert witness. The plaintiff sought disclosure of the original expert’s report, […]
Difficulties getting practising medical experts to court
This week, the annual conference of The Bar of England and Wales heard of the difficulties faced by legal practitioners when tasked with engaging medical experts who are both currently practising and willing to come to court. An account of the discussion can be found at: https://www.thetimes.co.uk/article/medical-experts-too-busy-with-day-job-to-come-to-court-warns-qc-8x22f7w5m
Podcast on expert evidence
Obiter Dicta is a new podcast from Bloomsbury Professional. In the first episode, I am interviewed about A Guide to Expert Witness Evidence, published in September of this year. To listen to the podcast, visit: https://obiterdicta.podbean.com/e/interview-mark-tottenham-and-the-role-of-expert-witness/ You can also subscribe to Obiter Dicta on iTunes, Pocketcast or other podcatcher apps.
Issues raised by ISME concerning expert evidence in fraudulent claim
The Irish Small and Medium Enterprises Association (ISME) has issued a press release following the finding that a number of expert reports had been relied upon in a fraudulent claim. This includes the following statement: “The Twomey judgment explicitly shows the limits of the ‘adversarial expert witness system’ which has been defended by Irish jurists […]