Tony Farrow describes his experience of giving evidence at The Academy of Experts training day in the High Courts of Justice
I attended my first ‘A Day in Court’ session in 1996. I was due to give evidence in a construction arbitration and a colleague wisely suggested it would be useful preparation. It most definitely was! Although I was only a spectator on this occasion, the opportunity to experience a variety of styles of both Counsel and Expert was invaluable. A particular benefit to me (whether as an Expert or Witness of fact) was appreciating the importance of directing your oral evidence to the Judge, and not to debate matters with Counsel; it made me aware of the need to listen to Counsel’s questions and respond directly to the Judge, acknowledging that in order to make the Judge fully aware of the point being raised by Counsel and my opinion on it, I perhaps needed to expand my answers on occasions.

Having attended the first course as a ‘spectator’, I decided that I would offer my services as an ‘Expert’ for the following year’s course.

The day started somewhat excitedly. In order to enter the High Courts of Justice in The Strand, delegates had to pass TV cameras, media correspondents and newspaper reporters, all ensconced outside waiting for some celebrity to arrive who was involved in a high profile case (it was not mine!).

The seriousness of the High Court immediately takes over though as you enter the Court building; briefcases are x-rayed and bodies scanned and ushers direct you through the building.

The Academy has use of two court rooms and during the day expert evidence will be heard on 4 cases in each. The atmosphere is extremely sober and professional and Court etiquette maintained throughout.
For ‘my case’ I had selected a report completed in the previous 6 months. The case had settled prior to the hearing, so I did not have the prior experience of giving oral evidence upon it.

I reported in to the course organisers and was told by them that the Rt. Hon Sir Brian Niell would hear my case. They were very keen to tell me that Sir Brian was, until his recent retirement, a most senior and respected Judge of the Court of Appeal! I initially thought they were joking, to put me on edge (I was!), but it turned out to be entirely true - that I was to be heard before one of the most senior Judges in the land. This really does indicate the quality of the ‘trainers’ the Academy is able to field on these occasions, and also how serious the Courts treat the work of the Academy.

I was then told that not only was I to give evidence to one of the country’s leading Judges but I was to be cross-examined by Mr Augustus Ullstein QC. I am still not sure if it was the grandness of the name or the initials that unnerved me the most!

I sought my ‘own’ Counsel, Philip Newman, to look for some words of comfort and advice, which was "I’ve read your report Mr Farrow. I think an accountant would have been better placed to give opinion, not a quantity surveyor …. and there is no way you’ll succeed with that overheads’ argument. Opposing Counsel will have a field day…..".
What time is the next train back to Manchester?

However, Counsel did give me a few hints, particularly relating to report writing generally and how he might cross-examine me on this particular report. I therefore spent the next hour or so thinking of every conceivable question that could be raised and how I might answer them. (Not many of these questions were asked, but the process of thinking about the cross-examination got my brain into gear).

My case was called and I took the witness stand. Heart beating rapidly now, but I was taking deep breaths and trying to look calm and at ease (some hope!).

The court is a much more formal setting than most arbitration rooms and the witness box quite a daunting place. It is positioned close to the judge’s bench, but set down a little, but the general feeling is as if you are placed on a pedestal with Counsel and the spectators looking up at you.
On the Academy’s day, the spectators consists of 40 or so of your contemporaries, each wanting to see how their contemporaries give evidence, their personal mannerisms etc, and to discover how others deal with difficult questions, how not to waffle, how not to argue with Counsel, how to speak up, how to remain dispassionate and impartial, … essentially, how to think on your feet under quite stressful conditions.
Both Counsel took me through the stages of examination-in-chief and cross-examination, with the majority of time spent on the latter. The Judge interceded from time to time and my Counsel made several objections to the nature of the cross-examination. Mr Ullstein became aggressive on occasions, interrupted my long answers, bullied me and insisted I directly answer certain questions and not try to provide answers to different questions! I am sure everyone of the spectating experts felt they were watching ‘the real thing’.

At the conclusion of the examination, the Judge summed up various points on the witnesses performance and Counsel made their own remarks. The spectators then had the opportunity to ask questions on what they had seen and heard.

The experience of giving evidence at a ‘day in court’ is well worth the effort and expense (and stress!). The following factors, namely:-
• the witness giving evidence on actual cases;
• the Judge and Counsel having read the pleadings and the expert’s report;
• that the setting is the High Courts of Justice; and
• formal Court proceedings being maintained throughout
make the Academy’s day an unrivalled opportunity for participants to witness 3 or 4 real-to-life cases of experts giving evidence to a variety of Counsel, each using differing approaches to test the knowledge and impartiality of each expert witness-of-fact.

Tony Farrow is Executive Director of Trett Consulting’s Northern offices and works from the Manchester office.