Expert/Witness evidence

Question 1

Directions RE experts

Answer 1

Directions

In what AREAS are experts needed?

• what issue?
• to prove liaibility, quantum, causation?

How many experts needed for that one issue?

What field should that expert be in?

Name of an expert in mind?

Separate expert, or would it be suitable for a Single Joint expert?

When should expert exchange reports with other sides?

• Date
• Simultaneous / sequential?

Should experts meet? Have a joint statement?

How will the evidence be put at trial?

• Oral or written?
• ‘Hot tubbing’

Question 2

Opinion evidence

Answer 2

Opinion evidence - general rule:

A witness must only give evidence of facts, NOT opinion.

Only opinion evidence admissible is;

• perceived facts (i.e. facts as personally perceived by a witness)
• expert evidence

Question 3

Witnesses of fact: summary

Answer 3

• Witness statement usually stands as the witnesses’ evidence in chief - their oral evidence therefore limited to their replies to the cross-examination.
• Witness statement should be in their own words, first person
• Prescirbed form and formatting - CPR 32.8
• Parties must comply with any direction given for exchange of witness statement

Question 4

Expert evidence: summary

Answer 4

• Court decides who is an expert - need PERMISSION to adduce expert evidence.
• Limited right to call expert evidence –number and issues
• Joint expert if possible
• Reports must be exchanged according to
  directions.
• Report privileged until exchanged
• Expert has overriding duty to court, not client

Question 5

Hearsay evidence: summary

Answer 5

Definition:

Hearsay is an oral or written statement made out of court which is being adduced in court to prove the truth of the matter stated

Governed by Civil Evidence Act 1995 (don’t rly need to know sections) - see back of permitted materials.

s. 1 - it is ADMISSIBLE, subject to following procedural safeguards
s. 2 - if party intends to adduce hearsay evidence at trial, must give other side NOTICE OF INTENTION TO RELY ON HEARSAY EVIDENCE - CPR 33 sets out specifics
- if hearsay is to be repeated by witness at trial, OR if hearsay in a witness statement of a witness not giving oral evidence, NOTICE IS DEEMED ON EXCHANGE OF WITNESS STATEMENTS (but must inform other side that the witness is not being called to give evidence and explain why.
- in any other case, must give other side ACTUAL notice, identifying the hearsay, stating intention to rely on it etc.
- if fail to serve notice, evidence still admissible but can effect the weight attached to it and cost orders.
- under s.2, the receiving party (of the notice) ca tn then ‘REQUEST PARTICULARS’ - e.g. details of the circumstances in which it was made etc.
s. 3 - receiving party may apply to court for CROSS-EXAMINATION on contens of statement.
s. 4 - receiving party can CHALLENGE THE WEIGHT of hearsay evidence at trial.
s. 5 - receiving party can call evidence to ATTACK THE CREDIBILITY of the hearsay witness, from which any inference can reasonably be drawn as to the reliability of the hearsay evidence.