Expertise

Our previous newsletter in August appeared as the UK emerged from its first period of lockdown. This quarter’s edition coincides with the transition from a further period (in England) to Tier 2 or Tier 3 status for most of the country – a very nuanced distinction for many.

The new normal does not seem to have slowed the normal processes of dispute resolution, although it has of course led to deferral of numerous trials, Arbitrations and other forms of hearing. Our experience at GBRW Expert Witness is that the number and scope of the enquiries we receive has been relatively unaffected.

One of the “silver linings” from the pandemic (at least from an instructing lawyer’s perspective) is that most experts have been easily contactable over the past several months in the absence of business trips and holidays. Another is that the pre-Christmas slowdown is likely to be far less noticeable than normal.

In this edition of Expertise, we share two sets of experiences of remote cross-examination, something which an increasing number of experts are encountering:

• My fellow director David Croft recently gave evidence in a UK trial and comments on practical lessons which he gained from the experience.
• Richard Palette, one of our most experienced experts, had his first experience of a US deposition this summer – with the added twist of a 5 hour time difference and the challenges of broadband in rural Somerset.

Their contrasting experiences of giving evidence under these new conditions – which included both intellectual and practical challenges – will be of interest to all experts who may expect to go through the same process at some point, as well as to the lawyers who will be instructing them.

 

Managing Director,

GBRW Expert Witness
November 2020