Judge calls expert witnesses mercenary

A High Court judge has launched a blistering attack on the standard of expert witnesses in civil court cases, describing the practice of deploying them as being 'in a state of disrepair'.

Mr Justice William Stone, speaking at a conference in Happy Valley organised by the London-based Academy of Experts, branded professional witnesses 'little more than hired guns', adding 'perhaps only the uncharitable would call them mercenaries'. He said many experts, who can range from accountants to doctors, often twisted their opinions in order to favour the side paying their fee, rather than fulfilling their duty to give the court an independent view. This was often done at the request of litigants or their lawyers.

'Expertise is forced into the mould or position perceived most suitable for the needs of the particular client's case. Occasionally this is intentional, which is unforgivable. More often this occurs almost unintentionally, although the end result is equally offensive,' Mr Justice Stone said.

'The much-respected 'institution of the expert witness' is in a state of disrepair and this unfortunate state of affairs seems to me to be almost entirely self-inflicted,' said the judge, a specialist in commercial cases.

He said his experience over the past five years had led him to believe the problem was widespread. Judges were concerned about 'flagrant bias' being exhibited by expert witnesses.

'I have heard many experts and read many expert reports. At the end of the day, I have come across few genuine expert witnesses prepared wholly to set aside partisan considerations and genuinely seek to inform the court of the mysteries of the subject matter,' he said.