Advanced Professional Award in Expert Witness Evidence

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Location Date & Duration Price (per delegate) No.Delegates Action
   London 11/09/2017  4 Days £1595.00 +VAT
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+44(0)20 7665 2306
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You can book up to 5 delegates online. If you wish to add more delegates please call +44 (0)20 7665 2457 or consider an in-house solution and fill in our online form.

If your organisation has specific time, location, and learning and development objectives, we can tailor this programme to suit your needs.

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Description
Expert and professional witnesses have an important role within the justice system. It is essential that they can fulfil their roles and responsibilities to collect, write and if required give evidence at hearings in accordance with the prescribed law and practice for witnesses.

These accredited courses (modules) have been designed to give expert and professional witnesses the knowledge, practical skills and confidence to perform their role as witnesses.

The courses are not designed to turn witnesses into lawyers, but rather to assist them to work effectively with lawyers, clients and courts. Expert and professional witnesses will be given clear guidance through fun, innovative and interactive training sessions.
Formats

Classroom

Training courses on set dates, in ICE Training venues across the country. Suitable for those looking to attend a training course and share knowledge and practical experiences with like-minded others in an interactive learning environment.

In-house

Bespoke training programmes. These are delivered by our tutors at a time, in a location and based on a curriculum completely tailored to your needs. Ideal for organisations that have several employees wishing to take training in the same subject area, and/or have organisation-specific ideas for learning and development.

Programme Overview
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.

Learning outcomes:
  • 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.

Module 2 Advanced Statement/Report Writing 1 day
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.

Learning outcomes

  • 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.

Learning outcomes

  • 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
Witness Evidence.

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.

Learning outcomes

  • 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.

Assessment
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.

Tutors
Mark James; Barrister, Temple Garden Chambers, London, is the author of “Expert Evidence: Law and Practice” published by Sweet and Maxwell. This is the seminal text book on expert evidence. It deals with expert evidence in civil, criminal and other cases. It is the primary reference book for courts and practitioners on expert evidence. Mark is regularly instructed in complex cases involving expert and professional witnesses and regularly cross examines witnesses at trial.

Penny Harper; Solicitor and Director of Legal Experience Training. Penny is the principal author of “The expert witness” a practical guide published by Sweet and Maxwell. Penny has particular expertise in the design and delivery of accredited training. She recently sat on a “Skills for Justice” Working Group considering the design and development of training for those writing and giving evidence in court proceedings. Penny has over 15 years’ experience of designing and delivering training for witnesses.
Learning Objectives
By the end of this unique programme, you will have:
 
  • Undertaken a formal assessment leading to the Advanced Professional Award in Expert Witness Evidence
  • Be clear on legislation, regulations and guidance applicable to expert witness work
  • Clarity on the litigation process and the ability to structure an effective expert report
  • Knowledge of the legal requirements of an expert report
  • Knowledge of the roles, responsibilities and duties in expert report writing
  • Understanding of how to prepare for and conduct an effective expert witness meeting and draft the joint statement
  • Experience of conducting a joint meeting
  • Knowledge of court layout, sequence of events and the role of the expert in court
  • Experience of cross examination techniques and how to handle them
Who Should Attend?
These courses are designed for expert and professional witnesses to develop, refresh and update their skills and to provide evidence that they have the requisite competence to carry out their roles and responsibilities.

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