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
