Expert Witness & Court Services
CPR Part 35-compliant expert witness evidence for criminal, civil, and regulatory proceedings. Experienced in courts across England and Wales.
Written by Simon Lynge, Director DFIR — ChCSP, CREST IR | Last updated: March 2026
Expert Evidence That Holds Up
Digital evidence cases are now routine in commercial litigation, employment disputes, criminal proceedings, and regulatory investigations. The quality of expert evidence frequently determines the outcome.
Binary Response expert witnesses bring current practitioner experience — not academic theory. Our experts are active incident responders who work with the technologies and scenarios they give evidence about.
Areas of Expertise
- Digital forensics — evidence acquisition, analysis methodology, and findings in contested proceedings
- Cybersecurity standard of care — whether an organisation's security posture met the standard expected for their size, sector, and risk profile
- Incident causation — root cause analysis, contributory negligence, and attacker attribution
- Data breach scope — what data was accessed, by whom, and what the likely consequences were
- Ransomware and extortion — technical aspects of ransomware cases, including negotiation conduct and payment compliance
- Insider threat — evidence of deliberate data exfiltration, unauthorised access, and IP theft
- Fraud and financial crime — BEC, account takeover, and technology-facilitated fraud
Our Process
- Initial instruction review — we review the matter and confirm we can provide independent, useful opinion. We decline instructions where we cannot add value or where a conflict exists.
- Evidence review and analysis — forensic examination of materials provided; may include acquisition of additional evidence where required.
- Draft report — CPR Part 35-compliant expert report setting out our opinion, the basis for it, and the limits of our knowledge.
- Experts' discussion — where required, we engage with opposing experts to narrow issues.
- Oral evidence — examination in chief, cross-examination, and re-examination.
Standards and Compliance
All expert reports comply with Civil Procedure Rules Part 35 and the associated Practice Direction. Criminal proceedings reports comply with CrimPR Part 19. We observe the Ikarian Reefer duties and the obligations of an expert to the court.
Frequently Asked Questions
Can you act as both investigator and expert witness in the same matter?
This requires careful consideration. Where we have conducted the original forensic investigation, we can give factual evidence about what we found. Giving opinion evidence on matters we investigated may create perception issues — we advise on this at instruction.
Do you provide joint expert services?
Yes. In cases where the parties agree to a single joint expert (SJE), we accept SJE instructions. We maintain strict independence and will not modify opinions in response to pressure from either party.
What jurisdictions do you cover?
Our primary experience is in England and Wales (civil, criminal, and regulatory proceedings). We have experience in Scottish proceedings and can advise on international matters, working with local counsel where required.
How quickly can you produce a report?
Timescales depend on the volume of evidence and complexity of the matter. We agree realistic timescales at instruction and adhere to them. Court-ordered deadlines are always met.
Can you advise before formal proceedings begin?
Yes — pre-litigation advisory opinions are common and often help parties understand the strength of their position before committing to proceedings. These are typically provided as letters of advice rather than formal expert reports.