22 Expert evidence Flashcards
Evidence which is personal opinion is not admissible
Unless it is an expert providing their opinion on an area of their expertise or it is a non expert provided an opinion on what they personally perceived
Who is responsible for keep an expert informed of their legal responsibilities?
The instructing party
What is the main consideration for the court when deciding to give permission regarding expert instruction and expert giving oral evidence in court?
Whether it is reasonably required to resolve the hearing (mainly with instructing)
A party’s application to the court must ask permission to instruct expert and provide information such as:
- Field of expertise / type of expert or
- Expert by name and
- The estimated cost of instructing said expert
If permission is granted it is on this basis only
Regarding costs experts need to provide an…
estimate of costs which they need to consider carefully as this may be limited by the courts
Requirement for soft tissue injury claim (whiplash) permission will only be given for one expert and it must be a report from (fixed costs report):
a) consultant ortho surgeon
b) consultant in a&e
c) GP registered with GMC
d) physio registered with health & care professional council
sometimes can be linked with psychiatric harm
With fixed costs reports, saves for exceptional circumstances…
• has not provided C with treatment
• is not associated with anyone who has provided C with treatment
• does not propose or recommend any treatment for him or an associate to provide
When deciding if SJE is sufficient the court will consider:
• proportionate to amount, importance to parties, complexity of issue and speed vs cost effective
• if expert opinion is required on liability, quantum or causation
• if an issue is unlikely to cause dispute or if there is a wide range of opinion in that area
• if party already instructed w/o permission (in compliance with PreA PD or not?)
• can written questions removed the need for an additional expert?
• will conference be difficult with SJE?
• priv is impossible
A single joint expert is…
- Jointly jnstructed and costs shared equally
- The norm in SCT and FT
- Parties should try and agree joint instructions, failing that can give separate instructions
- Parties should AT LEAST agree WHAT DOCUMENTS E should rely on and what assumptions E should make
A single joint expert report should be served on parties
Simultaneously
Will more than one expert always be instructed for multitrack claims?
No, only SJE will be appointed UNLESS THERE IS GOOD REASON NOT TO
How many expert’s can a party call to give oral evidence?
One
Is an SJE opinion changes they must …
Serve an addendum of the changed opinion within 7 days
A court may order that experts take part in a discussion. This may include directing them to:
a) exchange reports
b) meet and identity expert issues and agree on opinion where possible
c) prepare a statement setting out where they agree and disagree and why
The purpose of an expert discussion is not to for them to resolve the issue, but to narrow issues and to identify:
a) the extent of the agreement between the two
b) the points of disagreement and reasons for such
c) action which may be taken to resolve any outstanding points of disagreement
d) any further material issues not raised and the extent to which these issues are agreed
Agenda = Expert discussion
During an expert discussion, Es should identify if an agenda is necessary and if not attempt to agree one but it must not be hostile or leading questions
Unless ordered the court parties must not attend an expert discussion…
Legal representatives may if they don’t intervene unless asked about the law
Do expert discussions bind parties?
No
Who may an expert request directions from court or parties have been unfruitful?
The court
Can expert discussions be refferred to at trial?
Yes, if all parties agree
What are the duties and responsibilities of experts?
all common sense ones - remember this is not asking about contents of report more manner of expert
• no quals needed, experience sufficient
• independent
• clear range of expertise
• make clear where provisional / not enough info
• not to omit facts that may detract from their conclusion
Export reports need to be (12):
- Addressed to court
- Matters which been instructed to opine on
- Their expertise in the said field
- Details of literature relied upon
- Facts which are in experts own knowledge
- Identify anyone who has carried out any tests and expert supervised
- Range of opinion and reasons given
- Draw attention to issue and request any further info where needed
- Summarise conclusions
- Confirm understands duty to court
- Confirmed duty been complied with
- Statement of truth (if whole truth nothing but the truth cannot be given then a qualification stating such needs to be included)
If an expert has relied on photographs, documents, blueprints etc, when should those documents be provided to the opposing party?
When the report is
If upon reading opposing expert evidence, an expert wishes to change his evidence, he must…
Inform that party that he has changed his mind (through legal representation) and must do so without delay
When a report has been entered into evidence who can rely on it?
Any party
Must a party disclose an experts report if it is unfavourable to him?
He must disclose it may not be inspected due to privilege
