Lord Hodge on use, abuse and boundaries of expert evidence

Expert evidence in civil cases was the subject of a lecture by Lord Hodge earlier this month at Middle Temple.

The Supreme Court Justice looks at two cases, one from the Judicial Committee of the Privy Council and the other from the Supreme Court.

Lord Hodge states: “An expert witness enjoys both privilege and also power. The expert’s specialist knowledge entitles him or her to give such opinion evidence which a lay witness may not. That is a privilege. The expert also has power. No practising lawyer should underestimate the difficulty involved in preparing and mounting an effective challenge to a well-prepared expert’s evidence by crossexamination, even when assisted by his or her client’s own expert.

He adds: “With the power which an expert has to influence the decision of a fact-finding tribunal, whether judge or jury, goes responsibility. As some controversial cases have shown, the abuse by an expert of the power which he or she is given can cause serious harm and injustice.”

Read the full lecture here