May 26, 2026 · 20 min · 10 segments
In Episode 239 Emma-Louise Fenelon speaks to John Whitting KC about expert evidence at trial, which will be of interest to first-time and seasoned experts alike. This episode is the third in our…
So to begin, what is the first thing that experts awaiting their day in court need to know about appearing at trial?
Well, given the title of this talk, I could tell you about the format of a trial, who does what and in what order and how long it all takes.
But I thought our audience would probably know that anyway, and it would make for rather a dull half hour.
It is not a friendly symposium of your peers at a medical conference, a collective and collaborative endeavor to reach a consensus, or an intellectually stimulating meeting of minds.
And in the context of clinical negligence litigation, and particularly in the sort of cases which I litigate, claimant either leaves the building with the financial security to make the remainder of their lives at least bearable, or they do not.
The defendant either loses twenty, thirty, forty million pounds of NHS funds, or they do not.
And for the lawyers, one side is on a CFA, and if they lose, they don't get paid for years of work.
And on the other side, while the lawyers will get paid whatever the outcome, if they make a habit of losing, they will be unemployed.
And almost by definition, by the time we're all standing there on day one of trial, the odds are even.
It's a fifty/fifty gamble, and you're going to the casino and putting everything on red or black.
So to begin, what is the first thing that experts awaiting their day in court need to know about appearing at trial?
Well, given the title of this talk, I could tell you about the format of a trial, who does what and in what order and how long it all takes.
But I thought our audience would probably know that anyway, and it would make for rather a dull half hour.
It is not a friendly symposium of your peers at a medical conference, a collective and collaborative endeavor to reach a consensus, or an intellectually stimulating meeting of minds.
And in the context of clinical negligence litigation, and particularly in the sort of cases which I litigate, claimant either leaves the building with the financial security to make the remainder of their lives at least bearable, or they do not.
The defendant either loses twenty, thirty, forty million pounds of NHS funds, or they do not.
And for the lawyers, one side is on a CFA, and if they lose, they don't get paid for years of work.
And on the other side, while the lawyers will get paid whatever the outcome, if they make a habit of losing, they will be unemployed.
And almost by definition, by the time we're all standing there on day one of trial, the odds are even.
It's a fifty/fifty gamble, and you're going to the casino and putting everything on red or black.
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