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The need for Expert Witness Certification

Scrutiny of Expert Witnesses has increased in recent years, and the courts have responded with both criticism and (in some instances) severe penalties for those individuals who put themselves forward as Expert Witnesses but who clearly do not understand the role or their obligations.

In Beattie Passive Norse Ltd & Anor v Canham Consulting Ltd (No. 2 Costs) [2021] EWHC 1414 (TCC) (28 May 2021), Mr Justice Fraser remarked:

“There is a worrying trend generally which seems to be developing in terms of failures by experts generally in litigation complying with their duties.”

Not only do cases such as Pal v Damen [2022] EWHC 004697 (QB), Patricia Andrews & Ors v Kronospan Limited [2022] EWHC 479 (QB), Palmer v Mantas & Anor [2022] EWHC 90 (QB), and Reynolds (for CSB 123 LIMITED) v Stanbury [2021] EWHC 2506 (Ch) highlight the importance of training in the core competencies for being an Expert Witness, they more importantly identify the need for trained Expert Witnesses to keep up to date with the latest rules and regulations, ensure they remind themselves of their role and obligations, and undertake ongoing professional development which is relevant to their role as an Expert Witness.

In an environment where anyone can put themselves forward as an expert you can provide a clear and demonstrable indication that you take your role and duties seriously through membership of the EWI and signing up to our Code of Professional Conduct.

What is Certification?