Examples of these are success fees or conditional fee arrangements (any form of payment linked to the results of the Case). Accept any appointment on terms that are conditional on the outcome of the case.Accept any appointment which involves a conflict of interest (unless resolvable by disclosure).Provide any opinion beyond their specific area of expertise.It is for you or your legal representatives to advocate your case. Be your advocate and argue your case, nor will they find evidence or suggest what your case should consist of.The Court expects an expert witness to be independent and impartial and will discount the evidence of one who is or is seen to be partisan.This duty supersedes any duty owed to you even though you are still responsible for paying the expert’s fees. An expert witness has an overriding duty to the Court (or other tribunal).Provide truthful, impartial and independent opinions whether or not these opinions favour your case. ![]() Comply with the specific procedure rules applicable and any Court or tribunal Orders in the case.At that time a copy of the other side’s Expert’s Report will be given to you. If you proceed you will have to give a copy of the report to the other side in the dispute. Ensure the Expert’s Report provided to you contains the information required by the Court Rules.The report is required as it is not usually possible for the Expert to give evidence without it. Provide the opinion in the form of a report and/or evidence before a Court (or other tribunal) as required.These instructions will be shown in the Expert Witness’s Report which will be seen by the other side and the Court. Provide an independent expert opinion in their area of expertise on the subject matter in accordance with the instructions they are given.An expert adviser does not have an overriding duty to the court but to the party instructing him. In England & Wales and many other jurisdictions the Court must give permission for an Expert Witness to give evidence.Īn Expert Witness is not an expert adviser who is normally appointed by a party to assist in the formulation and preparation of a party’s claim or defence. The Expert Witness’s duty is to give to the Court or tribunal an impartial opinion on particular aspects of matters within his expertise which are in dispute. Expert Witnesses who may give opinion evidence within their expertise and in addition evidence of facts.Īn Expert Witness can be anyone with knowledge or experience of a particular field or discipline beyond that to be expected of a layman. ![]()
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