DR 13

Question 1

What are the two requirements for an expert to give evidence?

Answer 1

1. They must be qualified to give the opinion (note formal degree is not necessary)2. Their expert evidence must be reasonably required to resolve proceedings

Question 2

If expert evidence is allowed, what are the four conditions it is still subject to?

Answer 2

1. Opinion must depend on special knowledge, skill, or training that is not within the ordinary experience of a judge2. Expert is regarded as a true expert (up to judge to decide whether they are)3. Evidence must be given to a reasonable degree of certainty4. Expert must demonstrate the basis of their opinion and conclusions

Question 3

What is the duty owed to the court by an expert?

Answer 3

To exercise independence, integrity, and impartiality, and this overrides their obligation to the person who instructed/paid them

Question 4

Is the default position that experts will attend court to give their evidence?

Answer 4

No, the default is a written report

Question 5

If a party wishes to have an expert testify in court, what four conditions must they satisfy?

Answer 5

1. Expert oral evidence likely to have an impact on the outcome2. It will assist the judge3. Risk of injustice if expert evidence is not tested, and4. Cost of the expert attending is not disproportionate

Question 6

What is the difference between an agreed expert in a personal injury case, and a single joint expert?

Answer 6

An agreed expert is one chosen by a claimant in a person injury case. The defendant does not have to agree to jointly instruct an agreed expect and the defendant retains the right to instruct their own.A single joint expert is one where the court has imposed the obligation that parties share an expert (and will chose from a list provided by the parties if they can’t agree), share the fees whilst the matter is ongoing, and then the losing party will assuming responsibility for paying the expert are the trial.

Question 7

What is required for the parties to be allowed to not agree on a single joint expert?

Answer 7

A good reason not to. Usually if they can’t agree, the judge will choose one from a list provided by the parties

Question 8

In what four instances may the court allow parties to have their own expert?

Answer 8

1. Complex issues or high value case2. Parties already have their own expert from pre-action phase and most cost-effective to retain3. Number of different schools of thought concerning the issue requiring expert opinion4. Issue the experts are focusing on is significant to the outcome e.g. regarding liability or quantum of damages

Question 9

Is an expert’s report privileged?

Answer 9

Until disclosed

Question 10

Does an expert’s report have to be disclosed?

Answer 10

Only if the party intends to rely on it

Question 11

What is the time limit from the expert sending the report that the parties can ask questions of the expert?

Answer 11

28 days

Question 12

What happens at a ‘without prejudice meeting of the experts’?

Answer 12

If the parties each have their own expert, the court may order a without prejudice meeting of the experts to identify the issues on which they agree and disagree.* The meeting may take place at any time and it may take place over the telephone* Legal representatives of the parties should not be present