Journal Detail back to listing
Eight things to consider when appointing and instructing an expert witness for plastic materials and product disputes
- Nov 29, 2022
- Latest Journal
Technical expert witnesses play an important role in assisting the Court in understanding the evidence or facts in a case. Cases involving plastic failure can be complex, experts are often engaged by solicitors to provide independent and impartial opinion based on factual information, in relation to matters within their expertise. The expert’s duty is strictly to the Court. Here are our tips on how to effectively engage a plastics expert witness.
1. Contact an expert consultant at early stage. The performance of plastic products is dependent on several things ... the type and quality of the plastic, design, manufacturing process and use. Early expert input can help to identify the underlying technical issues in the dispute and understand more about the liability at stake.
2. Select carefully. Experts need to demonstrate their track record and experience of giving opinion on matters within their technical expertise, and to the specific requirements of the court. Making the wrong appointment could be disastrous to your case. Polymer science and technology is a vast subject area with many specialisms. Be sure that your expert has the specialist plastics knowledge you need.
3. The issues concerning plastic product failure often complex and technical in nature meaning legal professionals and the court often need support to fully understand them. Select an expert who can explain their findings and conclusions in a way meets this requirement.
4. Instructions need to be precise and specific. Plastic failure disputes can be complicated and difficult to describe. Courts are aware that differences in experts’ opinion can be due to disparities in the instructions given and may not evidence the genuine issues in the dispute.
5. A dispute in a materials or multiple product supply over an extended time period tests your client’s organisation’s ability to access purchasing, supply and quality records and documents and recall events. Ensure any limitations or concerns about evidence are explained to the expert when providing instructions and ensure the legal representative for the other side is kept up to date on any new evidence that emerges as the case progresses.
6. Time management is vital. Laboratory tests and investigations can be time consuming and costly. Your expert must fully appreciate the extent of their obligations and the preparation needed to fulfil them. It is important to ensure they have the capacity to meet the procedural timetable and submit the important report on time. Ensure costs for laboratory tests are agreed with your client in advance.
7. There needs to be independence. Your client needs to be clear of their requirements prior to engaging a consultant to investigate a failure or dispute. If there is an expectation that an expert consultant will act as an expert witness it must be ensured that independence is maintained throughout their involvement.
8. Don't forget personal skills. Giving evidence by examination and cross examination can be adversarial and stressful. An expert witness needs the skills and capacity to deal with this process and not falter under the pressure.
PS Partnerships & Consultancy have 25 years’ experience in providing expert witness services in plastic materials and product disputes providing national and global service coverage with wide commercial and criminal case experience.
