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In cross examination if the opposition's medico-legal expert is shown each fact one by one and led to accept the significance of each then insinuation may undermine the opinion given. The expert may become undermined by the weight of evidence.

26.19 With most expert witnesses the first stage is to clarify the opinion provided. The next stage is to pin down the expert on the facts which he relies upon. Thereafter the advocates will probe each such fact and to undermine or challenge the inference drawn. Finally the advocate will present the relevant facts which support the case being put one by one and attempt to build a different opinion.

26.20 Qualifications Any expert is only as good as his qualifications and his experience. If the expert is prepared to venture outside his field of expertise and to proffer opinions on areas outwith his experience and range of expertise then he is liable to find his evidence rejected by the trial judge. Attempts to undermine expert's qualifications are looked upon with disdain and suspicion by most trial judges. So firm foundations are needed for such attacks.

26.21 Partiality It is a cornerstone of the credibility of any medico-legal expert that he is there to assist the court. The CPR now make it clear in an express rule that the expert shall report to the court. So if he is shown to be or appears to be partial his credibility will falter. Whatever other failings an expert may display in his oral evidence one fatal flaw is to refuse to deal sensibly with facts which militate against his own opinion. It is often far more persuasive to a trial judge to hear evidence from an expert who carefully listens to the counter arguments and deals with them than one who dismisses them out of hand. Experts who become more and more truculent and combative, more and more out spoken in their evidence and more dismissive of each detail that does not fit into their own view of the case are likely to be disbelieved. On the other hand experts who accept counter arguments, who remain open and carefully consider all available evidence and yet stick to their guns are more likely to be accepted. Partiality is a vice for medico-legal experts.

26.22 If there is one principle which should be adhered to by experts when facing