Promoting and enhancing best practice and technical expertise

Giving Evidence in a Judicial Environment - Virtual Seminars

Do you Think Giving Evidence is Easy?

This event is hugely relevant to anyone who appears in any judicial environment. It is running as two virtual sessions - book to attend an individual session on the dates below. 

Start Date Venue Price  
2 November 2021 Virtual Conference - Session 1 £70 BOOK
11 January 2022 Virtual Conference - Session 2 £70 BOOK

Note: All prices are to be paid in GBP and are subject to VAT at the prevailing rate

Event duration: Virtual Session (2 hours total CPD).
Registration from: 09.55. Event starts at: 10.00. Event finishes at: 12.00.

Download and print your full course brochure here

CPT has run events focusing on giving evidence in a judicial environment for many years. This year there are a number of compelling subject areas for us to address. This event will focus on how do you get your message across when giving evidence; whether in court, in written evidence or even arbitration rather than focusing on procedures or on the Expert Witness rules. The event is divided into 2 parts;

  1. Being an Effective Expert Witness
  2. The Burden and Standard of Proof, Admissibility and Weight

Speakers Confirmed to Date

Programme

SESSION 1 - TUESDAY 2 NOVEMBER 2021

Being an Effective Expert Witness


Welcome & Introduction from the Conference Chair - Mark Higgin


The Valuer and the Role of the Expert Witness - Edward Gardner

  • Picking the right expert
  • How much can the team guide the witness without stepping into coaching territory?
  • Assisting and managing an inexperienced witness 

A Lamb brought for Slaughter? The View of the Expert Colin Smith and Blake Penfold

  • When to prepare for your case? 
  • Key things to do when your work gets bogged down and you think it may end up before the court
  • Instruct early and take advice
  • Handing on the file to the expert

Making Sure your Case is Robust - An Advocate's Viewpoint Rebecca Clutten

  • Expert -v- Advocacy: know which hat you are wearing
  • Fee structures - don't be trapped and compromised by fee structures - Gardiner and Theobald -v- Jackson (VO) UKUT 253 (LC)
  • Making the most of expert discussions
  • The impact on Liverpool Victoria Insurance Co Ltd v Zafar [2019] EWCA Civ 392 and making deliberate or reckless false statements
  • Getting your expert report right
  • Make every effort to assist the court and never be less than transparent 
  • The Electronic filing regime - dealing with sensitive and confidential material that will be presented to the court. How to avoid it falling into the public domain. How easy is it to refer to such documents?
  • What is going on in the advocate’s mind? What is their strategy? What tools do they employ in cross examination?

Knowing When to Stop Digging Edward Gardner

  • There may come a time when you realise it would be better to settle rather than to let the case run
  • Whose decision?
  • How do you go about stepping back?
  • Can this be a ploy all along, to get the best deal?
  • Are there consequences of doing so?
  • Is there a hybrid option where both sides subsequently agree on certain points and can not agree on others?
  • How would the court react?

Creating the Right Impression (and when not to) Colin Smith and Blake Penfold

  • Can you really sell yourself before you step into the court?
  • Dealing with pre court hearings
  • Saying the right things in your statement of case and agreed facts
  • Clear, sufficiently detailed documents in the work file
  • How to present yourself in Court and how to hold it together when being cross examination

Panel Discussion 


SESSION 2 - TUESDAY 11 JANUARY 2022

The Burden and Standard of Proof, Admissibility and Weight


Welcome & Introduction from the Conference Chair - Gary Garland

Panel: Barry Denyer-GreenColin CottageColin Hunter and Jon Bestow


  • What is meant by the burden of proof? Including the legal and evidential burdens
  • How do we compare the burden and the standard of proof?
  • How significant are they, and in what types of cases?
  • When is an expert concerned with these concepts? 
  • How should the rating surveyor advocate deal with proof in a case about rateability?
  • What about rating valuation cases? 
  • What facts have to be proved in CPO cases?
  • What about compensation in telecoms cases?
  • What evidence is admissible?
  • What weight is given to evidence and how does the expert influence that assessment?

A View from the Bench

A View from the Advocates

The Expert Witness Viewpoint: CPO, Rating and Telecom Cases

The Solicitors' View

Panel Discussion