![]() These instructions are not protected by privilege. The expert witness is required to set out all material instructions in his expert report(s). If a matter is outside his expertise he should state this.įinally, expert witnesses should ensure that they are familiar with the provisions of Part 35 of the Civil Procedure Rules and the related Practice Direction as this sets out the requirements that the expert must comply with when preparing his report, including the form of the report. ![]() The expert should therefore only undertake instructions that he is competent/qualified to carry out and only provide opinions that are within his area of expertise. The expert witness should bear in mind that as well as his overriding duty to the court, at the same time, when accepting instructions, he also assumes a responsibility to his client to carry out his investigations with due care and to provide opinion evidence that is soundly based. In any event, the expert’s duty to the court requires that his evidence is complete in its coverage of relevant matters. There is always the risk that the other side will also be aware of it. Nor should an expert witness ignore information that may come to light which is damaging to his client’s case. If the client seeks to put pressure on the expert to alter his report or suppress the damaging opinion the expert witness must resist such pressure, and if necessary should terminate his appointment. The most obvious example is when the expert’s conclusions contradict the client’s case. The duties an expert witness owes to the court may sometimes conflict with those he owes to the client. In providing a written report and oral evidence the expert should be truthful as to fact, thorough in technical reasoning, provide his honest opinion and ensure that the report is complete in its coverage of relevant matters. In particular, an expert witness must not be biased towards the party responsible for paying his fee. Expert evidence should be independent, objective and unbiased. The primary duty of an expert witness is to the court this overrides any obligation to the instructing and paying party or parties. In less complex cases the court has the power to order that the parties instruct a single joint expert who is appointed and instructed jointly by the parties involved in the dispute. In large or complex cases the court may allow each party to instruct their own expert and if expert evidence is required in more than one area of expertise the court will usually allow the appointment of more than one expert, provided that the cost is proportionate to the value of the dispute. The court also has the power, to reject evidence that is otherwise admissible, for example, if it decides that an expert has not established his independence or has not complied with his overriding duty to the court. However, the Court has the power to exclude expert evidence in certain circumstances, for example when it deals with matters that are for the judge to decide or if on the facts of the case the judge can form his/her own conclusion without the help of an expert. Generally expert evidence is admissible whenever there are matters at issue which require the input of an expert for their observation, analysis or description. ![]() The expert evidence should provide as much detail as is necessary to convince the judge that the expert’s opinions are well founded. The primary function of the expert witness is to assist the court in reaching its decision by providing independent expert/technical analysis and opinion on an issue(s), based on the information provided by those instructing him. Jonathan Hadley Piggin examines exactly what makes an ‘expert’ an ‘expert witness’ and why, when it comes to the court process – an individual needs to be much more than simply knowledgeable in order to be deemed an expert witness.īy definition, an expert is someone who – by reason of his/her education, training, skill or experience – has specialist knowledge of a particular field or discipline beyond that of a layman, such that other people may rely on his opinion about issues within his area of expertise.Įssentially, expert evidence is opinion evidence or, the opinion of the expert. Use the filters below to refine the results displayed opposite.What can we help you with? Search everything.
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