The use of single joint experts could render the judge purely a “figure head” in proceedings, the president of the Supreme Court has warned.
Delivering the keynote address at the Bond Solon expert witness conference on Friday, Lord Neuberger questioned whether the present system of cross-examination of experts is the best way to proceed.
“It can be fun for the advocates and good theatre, but is artificial and gladiatorial and not the best way of getting to the truth,” he said.
But at the same time he said he was “nervous” about the idea of having a single joint expert.
Where the expert’s opinion evidence is not tested by cross-examination, he said, the expert may be tempted to “over-egg” their evidence.
This article was first published in Litigation Futures (www.litigationfutures.com) on 10 November 2014 and is reproduced by kind permission.