Hints and pitfalls: the successful expert witness

摘要

This paper considers the process of instruction of an expert engineer and what information should be provided to her/ him. Early and full information from an instructing solicitor helps enormously when planning a forensic investigation. The role of the expert at different stages in the proceedings is described. The paper also considers some of the things to look for during a desktop investigation or site visit. These include: what to do when the evidence is no longer there; second guessing what you might need for a site visit; and looking beyond the obvious solution. Photographic evidence can be misleading. To prove causation it may be necessary to demonstrate a chain of events and one missing link will invalidate the argument. Many issues are technical but there are often contractual matters and questions of wording in specifications. The solicitor may expect the engineer to be familiar with current good practice in the field. Case studies and examples are used to demonstrate some of the pitfalls and provide hints for a successful forensic investigation.