Expert evidence Flashcards
Who can give opinion evidence?
Only an expert with knowledge or experience in the relevant field.
Is a formal degree necessary for an expert?
No, a formal degree is not necessary.
What must expert opinion evidence be based on?
Specialist knowledge, skill, or training not within the ordinary experience of the judge.
What is required of an expert’s opinion?
It must be reasonably certain and demonstrate the basis of their opinion and conclusions.
What duty do experts owe to the court?
Experts owe a duty of independence, integrity, and impartiality, overriding any duty to the instructing party.
In what form should expert evidence be presented?
In the form of a report addressed to the court.
Do experts generally attend trial?
No, but they can give oral evidence if certain conditions are met.
What conditions allow an expert to give oral evidence?
- Likely impact on the outcome, 2. Will assist the judge, 3. Risk of injustice if not tested, 4. Costs not disproportionate.
What is the advantage of appointing a single joint expert?
Fees are shared between parties until the conclusion of the case.
How long do parties have to send questions to an expert after receiving the report?
28 days.
