Expert Evidence Flashcards
Rmbr Evidence which is the personal opnion of the witness is not admissable. That is unless:
1.W is an expert
2. The personal opinion of non-expert is only way RELEVANT MATTER, which they personally perceived can be expressed
S.3 of CVA 1972
Where a person is called as a witness in any civil proceedings, his opinion on any relevant matter on which is he qualified to give expert evidence shall be ADMISSABLE in evidence
Single Joint expert
SJE means an expert instructed to prepare a report for the court on behalf of two or more of the parties
Necessary to obtain expert evidence in low val claim. (COST SHARED EQUALLY)
SJE are norm in cases allocated to ST/FT
Parties shld try to agree JOINT INSTRUCTION to SJE, all parties shld try to agree what doc shld be included with instructions and what ASSUMPTIONS SJE shld make.
Permission on MT for SJE
If both sides want an expert in the same field, unless there is good reason not to, the court can direct that there is single joint expert
Expert Discussion Procedure
The court may specify the issues which experts must discuss
Unless directed by the court the discussion between experts are not mandatory.
The experts to give THEIR OWN OPNION to assist court, don’t need authority of parties to sign A JOINT STATMENT.
The experts statement, individual copies of the statement must be signed by the expert at the conclusion of the discussion, or as soon thereafter as practicable, and in any event WITHIN 7 DAYS.
Copies of the statement must be provided to the parties no later then 14 DAYS after signing.
Court Permission to call an expert to testify or to put in evidence an expert report MAY be given in the court own CASE MANAGMENT DIRECTION or in response to an application to the court by a party.
CPR 35.4.2
Where a party seeks to rely on expert evidence adduced in prev hearing, they may sek to do so AS HEARSAY EVIDENCE. Court retain discretion in CPR 32.1(2) to exclude it, although
Rmbr the court through its power of CPR 32.1(2) can exclude evidence such as hearsay evidence of which notice to rely on the hearsay evidence has been given, BUT IT WILL RARELY BE USED.
Test for permission to adduce expert evidence
The burden lies on the party seeking to adduce expert evidence to persuade the court that it will assist the court
The question whether the expert evidence is REASONABLY required to resolve proceedings is inevitably fact-sensitive and shld be approached consistently with OO
BRITISH AIRWAYS SET OUT three stage test whether expert evidence shld be permitted:
1) is expert evidence necessary,rather then helpful?
2) if not necessary will it assist judge determine issue
3) if expert evidence on that issue was reasonably required to determine proceedings ( NEED THINK VAL OF CLAIM AND PROPORTIONALITY)
written question to experts
Where experts are to give oral evidence, all parties may ASK QUESTION.
IN general written q shld be put to single joint expert or to an expert instructed by another party before req are made for them to attend court for purpose of cross
WITHIN 28 DAYS of service of expert report, in order to CLARIFY the report, the other side may put propotionate questions to the EXPERT E ONLY ONCE
Does a party have a right to instruct an expert and rely upon expert evidence
NO RIGHT, its the court Case managment powers restrict expert evidence as to what is reasonably required in proceedings.
What is single joint expert
-Expert instructed to prep a report on behalf of both all parties (CPR 35.2)
- A single joint expert IS NOT THE SAME AS “jointly selected expert”
Rmbr “Joint selection only arises under PI protocol Para 7 ( Where the C offers a list of names to D. The D selects one of those names and then the C instructs the expert on sole basis AND NOT JOIN BASIS