Module 1 Expert Evidence: Law and Practice 1 day
Witnesses have an important role within the justice system. To fulfil their roles and responsibilities they need to have an understanding of the litigation process and be aware of the legislation, regulations, rules and guidance applicable to their expert or professional work.
Module 2 Advanced Statement/Report Writing 1 day
- Understanding the litigation process and the roles and responsibilities of witnesses
- Evaluating the principles governing the admissibility, credibility and weight of evidence
- Analysing the roles of expert, professional, shadow expert, single joint expert witnesses or expert advisors.
- Understanding the Civil Procedure Rules, Criminal Procedure Rules, Practice Directions and Protocol
- Considering the key stages in the litigation process and working effectively with the lawyer
- Understanding disclosure , privilege, confidentiality, bias, PII and other legal concepts in evidence
- Practical case studies will be used to enhance learning and understanding.
Witnesses are frequently required to write statements or reports. This course will provide clear guidance on the structure, content and style of written evidence. Delegates will consider how to include evidence in notes, documents, photos, plans, calculations, research and more.
- Identifying the key stages in writing a report/statement
- Dealing with strengths and weaknesses in facts, assumptions and opinions
- How to write in a clear, concise and accessible manner
- Analysis of the structure, content and style of a report/statement
- Considering how to set out a well-reasoned and objective opinion
- Using objective competency criteria to assess report/statement writing
- Consideration of relevant rules in the Civil Procedure Rules or Criminal Procedure Rules
- Getting the formalities right; statements of truth, statements of compliance and statements of conflict
- Practical exercises and critiquing of reports to demonstrate best practice.
Module 3 Expert Witness Meetings 1 day
In Jones v Kaney the Supreme Court found that the expert had been negligent in the expert witness meeting. Experts must conduct an expert witness discussion in accordance with their duty to the court and their duty to the client. This training will equip experts with the knowledge, practical skills and confidence to prepare for and conduct an expert meeting effectively. Experts will learn how to prepare using the case preparation model to identify issues, facts and opinions. They will consider how to question the expert for the other party to effectively explore and exchange relevant technical information. They will discuss the benefit of an agreed agenda and the best way to identify the issues and facts that they agree and disagree on and the reasons for this and to work toward the Joint Statement. A rolling case study will be used allowing delegates to role play and receive feedback.
- Complying with the CPR and Guidance about expert witness discussions - meetings
- Understanding the roles, responsibilities and duties of the expert witness at the meeting
- Handling instructions from solicitors not to reach agreement and experts who not acting in accordance with their duty or experts who refuse to sign the agreement
- Considering the case preparation model to identify the issues, facts and opinions
- Preparing and agreeing an agenda and to keep notes during the meeting
- Learning effective questioning skills and evaluating the strengths and weaknesses in the evidence
- Identifying the agreed and disagreed fact and issues and the reasons for this and working towards the Joint Statement
- Practical role play and feedback on expert witness meetings
This module is optional and is not assessed as part of the Advanced Professional Award in Expert
Module 4 Witness Familiarisation – Court Skills 1 day
Witness evidence is a vital part of any hearing. Witnesses will gain an understanding of the practice and procedure in giving evidence and through role play, learn how to handle cross examination tactics with confidence.
- Understanding the court procedures, processes and practices
- Effective case preparation before a hearing
- Evaluating the strengths and weaknesses in the evidence
- Dealing with attacks on the evidence and the witness
- Understanding the purpose of examination in chief and cross- examination
- Dealing with questioning under cross-examination with confidence, credibility and clarity
- Learning how to advance evidence and deal with challenges to evidence
- Understanding how to use notes, documents and other evidence in hearings
- Do’s and don’ts for witnesses
- Developing a toolkit for giving effective evidence
- Practical mock cross-examination role-plays with feedback.
Module 1 Open book written assessment - 55 minutes.
Module 2 Commenting and critiquing on a report - 1 ½ hours.
Module 3 Cross-examination assessment 20 minutes.