Cross-Examination Masterclass before The Rt. Hon. Lord Neuberger

Young Members Group held "Cross-Examination Masterclass" event.

Posted 10th Dec, 2021

On 30 November 2021, the Young Members Group of the CIArb London Branch held an in-person "Cross-Examination Masterclass", hosted by Taylor Wessing LLP. The session provided a rare opportunity to watch two mock cross-examinations of quantum experts, followed by a short discussion amongst the speakers and a lively Q&A session.

The fictional case and accompanying mock expert reports were provided by Kroll, and featured a contractual dispute focusing on the damages claimed for losses caused by faulty industrial valves.

The cross-examinations were conducted in front of the Right Honourable Lord Neuberger of Abbotsbury presiding as the "sole arbitrator". Rani Noakes (from 4 Pump Court) conducted the first cross-examination for the respondent, with Edward Martin (Director of Expert Services at Kroll) in the hot seat as the claimant's testifying expert. Lucas Bastin (from Essex Court) then conducted the second cross-examination for the claimant, with Jessica Resch (partner at Independent Economics & Finance LLP) facing questions as the respondent's testifying expert. On counsel's side, Rani and Lucas showcased a high level of skill, conducting cross-examinations which were well-prepared, sharp, and succinct. On the experts' side, both Edward and Jessica were able to defend their positions and deal with tricky questions about their methods, their instructions, and their underlying assumptions.

Following the cross-examinations, Lord Neuberger provided some words of wisdom drawn from his own experience both conducting and watching countless cross-examinations. Amongst other tips, he reminded the audience that no one is ever too experienced to learn or improve from watching and listening to the advocacy styles of their opponents. A fantastic Q&A session closed the evening, with members of the audience discussing several interesting issues with Lord Neuberger and the other speakers.

Given the nature of the event, no recording is available.

Reported by Elizabeth Montpetit CIArb London Branch YMG Committee Member

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