London, Tuesday, January 27, 2004
David
Irving comments in a letter to The Times,
dispatched on Tuesday, January 27,
2004: YOU mention in an article today that "A
recent libel case between David Irving,
the right-wing historian, and Penguin
books is said to have generated
£500,000 in fees to expert
witnesses." In fact the
initial bill submitted to me on
April 11, 2000 by Messrs Davenport Lyons,
solicitors for Penguin Books Ltd, for
their expert witnesses totalled
£543,240.49; see [website]
for details. Professors Robert
Jan van Pelt and Richard
Evans, both of whom stated
under my cross examination that they were
not writing books based on their reports
(because that might seem to have a bearing
on their neutrality), initially charged
respectively £109,244.24 and
£70,181.00. Both also submitted very
large subsequent invoices whose totals are
not known to me, and both subsequently
published lucrative books reworked from
their expert evidence.* I add here only the fact
that these experts were paid by one side
only, the defence, to render inter
alia their subjective opinions on
matters like my worth as an historian, and
I make no comment on how this fact might
seem to have a bearing on a witness's
neutrality. [* And both
continued of course to draw their hefty
academic fees while engaged on this paid
"expert witness" lark.] |
Specialist
witnesses do not come cheap By Stewart
Tendler WITH fees of £1,000 an hour
plus extensive expenses, top expert witnesses can
earn more than the barristers they face across the
courtroom. Since 1997-98 the cost of expert witnesses
called by prosecutions alone has risen from
£3.4 million to £5 million in
2002-03. Witnesses are used not only in crime cases but
extensively in civil litigation. A recent libel
case between David Irving, the
right-wing historian, and Penguin books is said to
have generated £500,000 in fees
to expert witnesses. The experts can be academics, doctors with a
specialist research background, hospital
consultants, former policemen, forensic scientists,
pathologists and professional specialists such as
engineers. One register of expert witnesses recommends that
they should be at the top of their profession and
authors of books or learned papers. The witnesses
should be able to analyse detailed and lengthy
written submissions and write clear and precise
analyses of the position which should be
intelligible to a layperson. They must be able to
present their findings in court and be "articulate,
confident, authoritative and dignified". Expert witnesses can charge from £60 an
hour upwards and also claim mileage or other
allowances. One computer expert charges £97 a
hour plus 48p a mile in mileage. Another company which specialises in accountancy
and financial investigations charges £100 to
£250 per hour for a report and up to £250
an hour to give evidence in court. For highly specialised work such as DNA tests
the charge will be up to £750 for a paternity
test plus the cost of a court appearance, and blood
tests in a drink drive case will cost £85 for
the tests plus £70 an hour to appear in
court. |