CPR 35 - Expert and Assessors Flashcards
Don’t need to go into detail on soft tissue stuff
Witnesses give evidence as to….?
facts
Experts give evidence of…?
facts and opinion
When is expert evidence used?
You need expertise
Industrial, engineering and medical stuff
Needs to be a recognised area eg medicine
Need to be qualified
Need to have expert evidence permission
Court may restrict you to 1 expert if you’re asking for 3 experts, unless there’s good reason
Small claims - will there be expert evidence?
Assumption is that there won’t be expert evidence, but you can apply for it.
Is expert report litigation privilege?
Expert report itself is litigation privilege, to use it, must waive privilege
How many days do you have to ask questions to the expert?
28 days
If you ask the expert for clarification, does this become part of the report?
Yes, it updates the report
What happens if expert doesn’t answer questions?
Risks the report not being used.
Refuse to clarify? not really an expert then are you
Once you’ve waived privilege, anyone can use the report.
True or false?
cpr 35.11 - True
