Expert Witness Flashcards
What is the relevant RICS Practice Statement?
Surveyors acting as expert witnesses 4th edition 2014
What is the Expert Witnesses primary duty of care?
To the court or other ADR panel
Who pays the fee?
The client
What should the expert provide when accepting the instruction?
A Statement of Truth and confirmation he will act objectively and impartially.
What did the Supremer Court find in Jones v Kaney 2011?
Expert witnesses are not immune from civil action in relation to evidence they given in legal proceedings and can be sued in negligence.
Case relates to expert evidence in relation to personal injury claim for PTSD following a car crash.
What is hot tubbing?
Where experts are sworn into a case together and given the chance to ask each other questions.
What was the purpose of the Jackson Reforms of 2013?
Streamline civil litigation, reduce costs and increase access to justice.
Encourage use of joint expert witnesses
Stricter timescales to follow for court proceedings.
Encouraged to agree a fee or capped rate.
Who does a Surveyor acting as an advocate have a duty to?
The instructing client that he is representing.
