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Dr Walford lectures at Middlesex University School of Law in Dubai.

Posted on 26/11/2017 · Posted in Expert Information

Dr Walford was invited to give a lecture to students at the university, who are on the law degree programme on 15th November 2017. Dr Walford is an expert witness in banking, finance and investment, also a director of the Expert Witness Institute and a member of the Executive Committee of the European Expertise and Expert Institute, the UK, International and European bodies which represent and provide services to the expert witness community.

Student in Law Studies

The lecture focused on the requirements in the instruction of experts in High Court litigation cases from lawyers and restrictions on experts in their ability to be able to contribute to the legal process. Experts can perform an important role in the dispute resolution (and particularly in the litigation) process and seek to ensure that all decision makers are aware and familiar with the technical aspects of a case. However in order to be able to do so they need to understand their role and the restrictions that apply. Part of this would require the lawyers to ask them the right questions which they can respond to from their knowledge base. It is necessary for experts to restrict themselves to areas in which they are an expert and ensure that they do not stray outside this.

Dr Walford also addressed the requirement and instances where it is helpful to provide a quote and the terms and conditions which would normally apply to the role of an expert being instructed by a firm of lawyers.

One area which can become a point of friction with experts is that the expert owes his duty to the court and not to their instructing party. It is required that “expert evidence presented to the Court should be, and should be seen to be, the independent product of the expert uninfluenced as to form or content by the exigencies of litigation” (House of Lords case re Whitehouse v. Jordan, [1981] 1 W.L.R. 246 at p. 256, per Lord Wilberforce)). This can be a source of some issues if this is not understood by all parties.

Dr Walford illustrated the requirements on experts by refering to the Ikarian Reefer case (Mr. Justice Cresswell in National Justice Compania Naviera SA v Prudential Assurance Company Limited in 1993) and finally the more recent case of Supreme Court Judgement in Kennedy v Cordia [2016] UKSC 6 where the rules were further clarified for the Scottish courts and has subsequently been adopted by the English ones as well with the tests:

  • Whether the proposed expert evidence will assist the court in its task;
  • Whether the witness has the necessary knowledge and experience;
  • Whether the witness is impartial in his or her presentation; and
  • Whether there is a reliable body of knowledge or experience to underpin the expert’s evidence.

This has been enshrined in various court rules which apply in the majority of the world’s courts. For further reading please see: International Expert Witness Rules – a summary.

Middlesex University Dubai Crest

Middlesex University is the foremost English Law University in the Gulf region and is part of Middlesex University in London. It provides the dual role of research and also teaching. Over 2,500 students are enrolled at the university with was opened in January 2005. The university is particularly pleased to attract a highly international student base for over 90 countries.

The University is located in the Dubai Knowledge Village, and prides itself on being a truly global university committed to meeting the needs and ambitions of a culturally and internationally diverse range of students.

Expert Evidence Limited prides itself on assisting throughout the legal process where required and is a professional firm concentrating on the four main areas of dispute resolution; acting as expert witnesses in financial litigation, mediation, arbitration and adjudication. The firm has a civil, criminal and international practice and has advised in many recent cases. Areas of specialisation include banking, lending, regulation, investment, and tax.

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Disclaimer – Please confirm any of the above views with your solicitor. Expert Evidence takes no responsibility or provides any guarantee that the views above are correct for your particular case or jurisdiction.