Expert Evidence

Question 1

What general rule is expert evidence an exception to?

Answer 1

The general rule that only evidence of fact may be adduced at trial.
an expert is deemed qualified to give an opinion in area in which they are experts

Question 2

What is the function of an expert?

Answer 2

to give evidence in area in which they are qualified.

Question 3

How will expert evidence be restricted?

Answer 3

To what is reasonable required to resolve proceedings

Question 4

What is a Single Joint Expert ?

Answer 4

expert instructed to prepare a report on behalf of two or more parties to proceedings (inc C)

Question 5

To whom do experts owe an overriding duty?

Answer 5

The court - to assist on matters within their expertise

Question 6

How can a party get expert evidence permitted?

Answer 6

• need court permission
• provide estimate of costs
• ID field of expertise
• name of proposed expert where possible
  (in small claims/fast track normally max 1 expert per field)

Question 7

court has extensive power to restrict expert witness evidence in two areas:

Answer 7

• soft tissue injury
• whiplash
  – general power to only adduce if fixed cost report from certain professionals
  court may limit amount of expert fees and expenses recoverable in all instances

Question 8

What format should an exert report be given generally?

Answer 8

• written
• may be directed to attend hearing - v unlikely on small/fast track claims

Question 9

Rules governing written questions to an expert

Answer 9

• may only be put once
• must be put within 28 days of service of report
• must be for purpose of clarification (unless permission/agree otherwise)
• if an expert does not answer the court may order that that evidence is not to be relied upon/party may not recover fees/expenses

Question 10

When may a SJA be appointed?

Answer 10

where two or more parties wish to submit expert evidence on a particular issue

Question 11

who can use a disclosed report?

Answer 11

any party

Question 12

The court directs that a discussion between experts should take place - what can this entail?

Answer 12

• ID and discuss issues and reach an agreement where possible
• produce a statement of agreement/disagreement
  (where experts agree, parties not bound by this unless they agree to be)

Question 13

consequence of failure to disclose an expert report?

Answer 13

may not be used at trial/called to give oral evidence without permission

Question 14

In what circumstances may an expert ask for court direction?

Answer 14

• to assist them in carrying out function
• provide copy of proposed requests for direction t instructing party at least 7 days before request , and all other parties, at least 4 days before

Question 15

How will court treat late application to rely on expert evidence/their unavailbaility for trial date?

Answer 15

unlikely to vary timetable

Question 16

is a judge allowed to prefer witness evidence to expert evidence?

Answer 16

yes - must give justifying reasons - substantial and where relating to liability must not allow own ‘opinion/experience’ to outweigh scientific evidence

Question 17

Situations where opinion evidence not permissable

Answer 17

• hypothetical situations
• small claims
• Computer science - factual issues

Question 18

duties of an expert

Answer 18

• independent
• unbiased
• state facts/assumptions upon which opinion based
• if outside expertise
• insufficient data
• change of view having seen other sides’ evidence
• any docs relied upon provided to all parties at exchange of reports

Question 19

who’s burden is it to prove expert evidence will assist the court?

Answer 19

party seeking to rely

Question 20

can expert evidence from previous proceedings be relied upon?

Answer 20

as hearsay

Question 21

pre-action protocols and expert evidence - specifically PI

Answer 21

parties encouraged to consider early and whether they can rely on joint expert

Question 22

When might a party, unhappy with expert evidence of one expert, be allowed to adduce a second opionion?

Answer 22

having already put Qs to expert may request permission for a second opinion, will be granted only if proportionate , calling expert for oral evidence as a last resort