James Bessey鈥檚 comments on the Great Eastern Hotel vs Laing case (11 March, page 46) rightly remind us of the risk of an independent expert appearing to turn advocate.

Central to Judge Wilcox鈥檚 criticism of Laing鈥檚 delay expert was the extent to which an expert can rely upon evidence provided by a witness of fact. Of course, any such evidence must be tested as far as is reasonably possible before being relied upon to form expert opinion. However, there is little that can be done when a witness of fact consistently maintains their recollections only to resile from them under the heat of cross-examination.

John Keane, chairman, Keane Associates

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