Expert Evidence Flashcards
Experts can give ______ evidence derived from _________ _____, skill, or training that is not within the ________ ________ of the judge
opinion, special knowledge, ordinary experience
What are the three ‘I’s that experts owe to the court?
- Independence,
- Integrity,
- Impartiality
Generally, expert evidence is to be given in a _______ report addressed to the court
written
What are 4 requirements needed for an expert to be able to give oral evidence?
- Likely to have an impact on the outcome
- Assists the judge
- Risk of injustice if expert evidence isn’t tested
- Costs are not disproportionate
The parties should try to agree to a _____ ____ expert unless there is a good reason not to
single joint
For single joint experts, the parties ____ __ ___ until conclusion and allocation of _____ to the losing party
share the fee, costs
What does the judge do if the parties cannot agree to a single joint expert?
The judge will choose from a list of experts provided by the parties
What are 4 situations in which a court may allow parties to instruct their own experts?
- Complex/high value issues
- Cost effective to continue from pre-action phase
- Different schools of thoughts
- Issues of focus are significant to the outcome e.g. quantum of damages
How many days after receiving the expert report do parties have to send questions to the expert?
28 days
What is a without prejudice meeting of the experts?
A meeting ordered by the court if parties have their own expert, to help identify the issues on which they agree/disagree
Should legal representatives be present at without prejudice meetings of the experts?
No
