Our annual conference is always a highlight in the Expert Witness Institute calendar. This year’s event, which took place on 17th May, saw The Rt. Hon. Sir Keith Lindblom deliver a captivating opening keynote.
Focussing on the role of Expert Witnesses in a justice system that is embracing change and new technology, Sir Keith drew on his 30 years in practise at the Planning and Environmental Law Bar, his work as a judge in the King's Bench Division and the Court of Appeal, and most recently his responsibilities as Senior President of Tribunals.
Key points of discussion
- What makes a good Expert Witness (or a bad one)?
- How the role of experts in litigation is changing
- The importance of using experts in Alternative Dispute Resolution (ADR)
- Artificial intelligence and what it means for Expert Witnesses
What makes a good Expert Witness (or a bad one)?
In essence, an expert should be – and should be seen to be – independent, with a duty first and foremost to the court. But what does that mean in practice?
In his opening keynote, Sir Keith delved into the concepts of honesty, impartiality, and sticking to one’s own expertise, analysing how they all fit together in the context of being an Expert Witness.
How the role of experts in litigation is changing
He went on to look at how these basic principles apply in the modern justice system, asking: “How is the role of the Expert Witness changing as the justice system transforms itself?”
Sir Keith tackled this question by giving particular consideration to two key elements in the modern justice system: ADR and the integration of technology, digital and the growth of AI into ways of working.
Alternative Dispute Resolution (ADR)
Expert Witnesses have an important part to play in ADR, Sir Keith explained:
“Despite the differences between parties’ engagement in ADR and in a formal conflict before a judge, the feature common to both is that experts perform an impartial function and their expertise facilitates a just resolution of the issues in dispute.”
Access his full speech to find out the ways that experts can – and should – participate in ADR and the influence they can have on the outcome.
Artificial Intelligence (AI)
Importantly, “AI is not to be feared. It should be welcomed for the immense opportunities it presents for our justice system and its users,” Sir Keith observed.
In his speech, he considered the impact of AI on the role of the Expert Witness, stating:
“That the role of expert witnesses will be reduced to merely interpreting the findings of our AI overlords is not a prospect I would accept […] But it would be wrong to think that AI will have only a marginal impact on the role of expert witnesses.”
Access Sir Keith’s speech for his take on how AI can assist Expert Witnesses and what to watch out for to ensure you’re not in breach of your duties
Recordings from the entire Annual Conference will be available from next week, but you can access Sir Keith’s opening keynote now.