The case of Watts v Watts [2023] EWHC 679 (Ch). involves the contest of a will and, specifically whether a will made in 2000 was a forgery.
Although the Master hearing the case was satisfied with the evidence and the witness of fact provided by the defence, the expert evidence was considered.
The judgment makes interesting reading. Not least because it highlights the importance of making sure the CV you include within your expert report really demonstrates why you have the suitable qualifications or experience to act as an Expert Witness in the case.
Getting your CV right
In the case, the claimant’s expert had set out his CV which seemed to demonstrate that his work was focussed on the analysis of paper and paper properties as opposed to handwriting analysis.
In the judgement, Master Clark highlights:
“There is nothing in this description or in Mr C’s CV that refers to or demonstrates expertise in handwriting analysis. Although in cross-examination, he said that his qualifications under the guidelines of the Scientific Working Group for Document Examiners (SWGDOC) included traditional handwriting analysis, there is nothing in his CV to show that he has ever carried out such an analysis.”
This highlights two possible issues:
- Either the Expert Witness was not the right type of Expert in the first place and was encouraged (or felt) that he could act outside of his usual area of expertise
- Or, usually working within the field of paper analysis but with the requisite knowledge or experience to undertake the examination of handwriting, he neglected to make sure his CV adequately reflected this
Either way, by this early point in the proceedings, the expert’s credibility had been called into question by the Judge which was obviously going to affect any weight that he put on his expert opinion.
And that, for me, is the key piece of learning from this case. As an expert, you need to make sure you do nothing which is going to call into question your credibility so that you find you are ‘on the back foot’ before you have even started.
Analysis and preparing for court
However, there was more criticism to come. Master Clark mentions that in cross -examination the expert “presented as confused, and was unable to explain the basis for his opinions.”
He mentions various deficiencies in this expert’s evidence, stating that he was:
- Forced to accept that his analysis had be wrong and put this down to a typographical error.
- Unable to provide an answer to key questions.
- Confused on the points of the case within the report.
- Did not fairly compare examples of the will.
- Provided an inconsistent and ultimately not credible account of what he meant by tracing.
- Drew conclusions in the absence of comparables, and therefore without analysis of similarities.
- Could not explain the relevancy of some of his analysis.
In contrast, the defendant’s expert (an EWI member), provided a balanced report which:
- made reference to 18 samples of the deceased and Defendant’s handwriting and signatures over a 65-year period.
- identified natural variations.
- undertook a forensic assessment of the deceased’s and Mrs Watts’ handwriting and signatures.
Master Clark concluded that he had no hesitation in accepting the evidence of the defendant’s expert.
So, what are the key learning points from this case?
- Ensure your CV adequately reflects why you are able to act as an expert in the case at hand.
- If you are not an expert, do not be strayed to act outside of your area of expertise.
- Ensure you read through your report carefully to check for typographical errors.
- Make sure your assessment of the evidence is balanced and be clear on the relevancy of the analysis.
- Prepare for court by ensuring you are clear on processes or technical jargon that you may be required to explain.
Want to feel more confident in your expert witness practice?
Our online conference on the 12th May includes a mock cross-examination which will demonstrate the issues that can be created when your report is not right in the first place and will provide you with an opportunity to discuss with other delegates how you might do things differently.
For more information and to book, please visit www.ewi.org.uk/AC22