Mercer & Hole’s approach to the Expert Witness Process
Our approach to Expert Witness work echoes the values we apply to everything we do. We are thorough in getting to know our client and the scope of the case whilst recognising and maintaining the independence required of an expert in court proceedings.
We welcome the opportunity for a free meeting to discuss the case and the suitability of an appropriate member of our team to act as an Expert Witness. In our experience an initial exercise is often valuable to agree a clear approach, where expectations are aligned, and to set the scope of our work. This may involve us reviewing papers and producing commentary on how we would approach the matter and formulate the opinions we are to give in evidence.
With an agreed course of action in place, we will produce a full report, compliant with any relevant procedure rules, which will substantiate and deliver clear expert opinions.
We appreciate that an expert witness report can influence an out of court settlement and we are often asked to provide advice that our client can use to support settlement negotiations, only later producing a procedure rules compliant report. In respect of this work, we offer our expertise on a time basis, with hourly / day-based fees communicated at the outset. However, we can be chargeable on an agreed flat rate basis if that is the preference.
When cases do go to court, our Expert Witnesses are experienced in the preparation of producing Part 35 CPR, Part 25 FPR and Part 19 CrimPR reports and trained in Expert Witness court skills.
Areas of expertise
The majority of work we take on as Expert Witnesses, is within the areas of valuation and professional negligence. Our work with divorce lawyers can extend to other areas including taxation and financial planning solutions. Within these areas we seek to provide evidence and support for cases, making technical evaluations across a wide range of issues.