Expert Witness - You Thought Not Being Paid Was A Problem
The Impact of Liverpool Victoria Insurance Co Ltd v Zafar
The consequences for
an expert witness who deliberately or recklessly makes false statements can be
severe. The risk is demonstrated by this case. The expert’s primary duty is to
the court, whether in written or oral evidence. But closer examination of
the case invites questions as to how an expert might legitimately change an
opinion, from appointment to final submission. How must experts arrive at
the final report and how should they document their processes?
|16 September 2019||Bryan Cave Leighton Paisner LLP, London|
Note: All prices are to be paid in GBP and are subject to VAT at the prevailing rate
This seminar focuses on experts giving evidence to a tribunal or a court in rating, compulsory purchase and landlord and tenant disputes, and also planning Inquiries. Does this case create a precedent for advocates who are cross examining to challenge how an expert arrived at their final decision? Can the decision-maker have regard to the scale of variation between draft and final positions? Should an expert take supporting notes into the witness box ? If so, does the expert give an opportunity to the opposition? Will experts be cross-examined on their draft reports?
What are the ramifications of this case on the way the property world and the courts treat experts?
If you prepare expert reports or give evidence, then this seminar is for you.
- Roger Cohen, Partner, Bryan Cave Leighton Paisner LLP
- Simon Lewsey, Executive Director, Head of the Central London Lease Consultancy Team, CBRE Ltd
- Barry Denyer-Green Hon RICS LLM PhD, Barrister, Falcon Chambers
- Judge Elizabeth Cooke, Judge of the Upper Tribunal (Lands Chamber)
- Tony Chase FRICS, Partner, Head of Compensation, Gerald Eve LLP
- Blake Penfold BSc FRICS MCIArb, Business Rates Consultant, Blake Penfold Consultancy
Welcome and Introduction from Conference Chairman - Roger Cohen
Core Expert Witness Principles
- Fundamentals and best practice - Civil Procedure Rules, guidance from the courts, RICS Practice Statements
- Expert opinion and advocacy - can you spot the difference? They cannot be confused
- What information must the expert disclose?
- Does my opponent have to follow the same rules?
- The requirement to act objectively and independently - when does this begin?
- What duties does the expert owe and to whom? The Tribunal or Court, the party instructing and the party paying the expert witness? How to avoid upsetting one or all
Reviewing Liverpool Victoria Insurance Co Ltd v Zafar  EWCA Civ 392
- What does the decision say and what does it change?
- Where does it apply - Upper Tribunal, Valuation Tribunal and other courts?
A View from the Bench
The Role of the Barrister in Exploring the Credibility of the Expert
Ramifications of the Decision on the Property Industry - The Debate and Questions
This event is followed by a Drinks Reception