3.1 Hired guns and bias

Figure 9 The Magnificent Seven

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A black and white image from the film ‘The Magnificent Seven’ showing seven cowboys pointing rifles in the foreground. There is a building that resembles a church in the background.

Figure 9 The Magnificent Seven

One of the most notable cases to have identified the problem of experts acting as ‘hired guns’ (meaning giving the evidence that the party that was paying them wanted to hear) was the case of The ‘Ikarian Reefer’^{Footnote 13} (shipping cases are often named after the ship in question). The trial judge Cresswell J became very concerned that experts were giving evidence that the party paying them wanted to hear, with negative effects on the length and cost of the trial and on perceptions of its fairness. He sought to set out guidelines for experts to follow to remind them of their duties and responsibilities.

Figure 10 The Ikarian Reefer

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A photograph of the Ikarian Reefer, a large red and white ship.

Figure 10 The Ikarian Reefer

Similar problems were identified by Lord Woolf, who led the review into the cost and time involved in civil proceedings (Woolf and Lord Chancellor’s Department, 1996). Lord Woolf’s review led to a substantial reform of the Civil Procedure Rules, which included a particular focus on the responsibilities of experts. These rules remain largely the same in the present day.