The selection of expert witnesses

Mullen, J (2017) The selection of expert witnesses. Proceedings of Institution of Civil Engineers: Management, Procurement and Law, 170(3), pp. 125-130. ISSN 17514304

Abstract

This paper considers the typical criteria by which parties and their advisors chose expert witnesses. The attributes that make good expert witnesses, and which make valid measures for selection, are set out and explained. In addition, the paper looks at some of the less valid reasons for which experts sometimes are appointed to roles for which they appear wholly unqualified. The paper is illustrated with examples of where expert witnesses have been exposed by judgements of the courts, in both the UK and elsewhere, as lacking the requisite independence, experience, knowledge or other qualities. The paper concludes with suggestions on how parties to a dispute and their advisors can avoid the common pitfalls and ensure that they make a good selection.

Item Type: Article
Uncontrolled Keywords: contracts & law; disputes & arbitration
Index terms: arbitration, dispute, expert witness
Subjects: practitioner, dispute resolution
Topics: Roles and Professions, Legal Issues
Descriptive scope: 1 P

N.B. Descriptive scope is a count of how many of the five facets of empirical research are indicated by the words used in title, abstract and keywords. It is not intended as a judgement on the research; merely a count of the kind of word we would expect to indicate Phenomenon, Concepts, Theoretical framing, Empirical techniques, Analytical techniques. If all five are present, then a code of “5 PCTEA” will indicate this. If you feel the coding for this record is questionable, we welcome discussion around the terms we matched or the way we categorized them. The facet you would expect may not be coded, or a facet may be coded inappropriately. This can also bear on a larger question, of which facets should be treated as defining in construction management research. Please get in touch, and we will look at it. More details here