Expert Witness
At Canary we are experienced at preparing expert witness evidence for court, working on joint expert witness statements, and cross examination under oath. We have provided evidence to support the court when understanding complex cases such as a fall from height (Pollock vs Cahills) or for more straight forwards cases such as the investigation of work-related upper limb disorder associated with repetitive work. Our principal consultant has passed the expert witness accreditation course certified by Cardiff University Bond Salon, to ensure that the evidence supplied is of value to the court as required.
Our Process
Instructions...
There is an initial request for information made by a legal practice, this leads to a conversation about the nature of the case and the expertise required. Once the details have been agreed and the timeframe, a letter of instruction is issued. Once signed this becomes a legally binding contract and Canary is committed to supporting the court in line with part 35 of the Civil Procedure Rules.
Review Court Enclosures...
The instructing solicitors provide the court enclosures for initial review by the expert. At this point the expert can determine if further evidence is required and more data collected to address any gaps in the evidence.
Gathering Data...
When organising a site visit to gather data, the instructing solicitors will be present along with the defendants and possibly their own solicitors. All of the material collected on the day is catalogued and provided for review to both parties.
Expert Witness Evidence...
The Canary Designs principal consultant attended the Bond Solon and Cardiff University Law School expert witness course before taking on their first instruction. The advice was invaluable, to produce a bullet proof report that could stand up to cross examination. This advice was applied and was central in the development of the expert witness evidence, focus on producing clear and concise evidence, easy to understand by all parties. This greatly increases the likelihood of the report being admitted to court.
Joint Witness Statement...
On submission of the expert witness report, there follows a period of discussion with the opposing expert. The opportunity to discuss the evidence produced by both parties without prejudice. Following the discussion, a joint witness statement is produced for the court, clearly identifying the areas of agreement and disagreement between experts. The joint statement supersedes all previous expert witness evidence.
The Witness Box...
If the case ends up making it to court, then you are required to discuss your evidence from the witness box under cross examination by the court and both parties. Canary principal consultant John Lovegrove has been cross examined in the Queens Bench division of the high court and survived the experience.