Maritime Forensic

Expert Evidence

When Do You Need a Maritime Expert Witness?

Most shipping disputes start as arguments about facts and contract wording. An expert becomes necessary when the tribunal needs specialist knowledge to decide what happened, why it happened or what the loss is worth. That is usually clear once the pleadings are exchanged, but instructing early often shapes the case for the better.

Signs you need expert evidence

You are likely to need an expert where causation depends on technical matters such as machinery failure, navigation or cargo care, where the parties disagree on industry practice, or where damages require calculation from voyage accounts, market rates or repair costs. If your client's own staff would be the only source of that evidence, an independent expert will carry more weight.

Choosing the right discipline

Match the expert to the issue, not the vessel. A grounding may need a master mariner on navigation and a marine engineer on steering gear, while a charterparty claim may turn on a chartering expert and a quantum specialist. Instructing the wrong discipline is a common and costly mistake.

Briefing the expert

Give the expert clear, neutral questions, the key documents and a realistic timetable. Agree the procedural rules that apply, whether CPR Part 35, LMAA Terms or institutional rules, and flag any deadlines for joint meetings or exchange. A focused brief produces a focused report.

This article is general guidance for lawyers, insurers and commercial parties instructing maritime specialists. It is not advice on any specific matter.

For matter-specific advice, submit an expert requirement with brief details of the dispute, parties and relevant deadlines.