GUIDANCE TO EXPERTS: CORRESPONDENCE TO THE BRITISH DENTAL JOURNAL: WHO DOES AN EXPERT “REPRESENT”?

It is rare that lawyers can look to the British Dental Journal for advice on procedure and evidence.  However there is a beautifully phrased letter in the British Dental Journal “reviewing a review”.

THE LETTER

The writer was commenting on a review of the Clinical Negligence expert witness book review. The penultimate paragraph ended “should we ever become involved within a case representing...”. The letter writer, rightly took umbrage: They pointed to Part 35 of the Civil Procedure Rules and that an expert has an overriding duty to the court over any obligations to the party instructing them. The letter ends with the words

“A clinical negligence expert witness does not represent anybody.”

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