Hearing Procedure
Country experts attending FTT hearings confirm their written report, may provide supplementary oral evidence within their area of expertise, and face cross-examination from both parties. The tribunal may also question the expert directly. Experts must take the oath or affirm before giving evidence.
Preparation
Ensure consistency between written and oral testimony. Rehearse methodology and source selection. Anticipate challenges on independence, dated sources, assumed facts, and areas where the expert's conclusions do not support the client's case. Provide the expert with the hearing bundle and any supplementary documents.
Joint Expert Meetings
Where multiple experts are instructed, Practice Direction 2024 requires joint meetings before the hearing. Experts must engage genuinely, identify areas of agreement and disagreement, and produce a joint statement reflecting authentic positions — not collusion or negotiated advocacy.
Independence Under Questioning
Cross-examination tests independence. Experts must give honest answers even where they do not support the instructing party's case. Solicitors should not prepare experts to defend the client's position — preparation should focus on assisting the tribunal with clear, honest, evidence-based testimony.