Experts and Expert Evidence

Question 1

Purpose of the expert

Answer 1

To assist the judge in understanding matters outside their expertise

Question 2

Test for calling an expert witness in civil proceedings

Answer 2

The expert may give their opinion on any relevant matter and they must be qualified to give the opinion

Question 3

Four basic conditions for an expert to give evidence

Answer 3

The opinion depend on special knowledge; the expert qualified as a true expert in a field; evidence given to a reasonable degree of certainty; expert demonstrates from scientific fact the basis of their opinion

Question 4

Van Oord UK Ltd v Alleseas UK Ltd 2015

Answer 4

The court is not required to accept the evidence of the expert over that of a witness

Question 5

Where a party has identified a need to use expert evidence in their action-

Answer 5

They should make a request to use it as soon as possible

Question 6

Rule 35.4

Answer 6

No expert evidence may be adduced without permission of the court

Question 7

When applying for permission for expert evidence-

Answer 7

The parties are also obliged to provide an estimate of the cost of obtaining the proposed expert evidence and they must identify the issues the expert will address

Question 8

What will the court consider when deciding whether to allow parties to have separate experts or the SJE?

Answer 8

The overriding objective

Question 9

Where the parties cannot agree who should be the SJE-

Answer 9

The court may select an expert from a list prepared by the parties or it may direct that the expert be selected in such manner as the court directs

Question 10

In fast track and multi-track, as regards experts-

Answer 10

The court must give directions for an SJE unless there is good reason not to

Question 11

Who is liable for the SJE’s fees?

Answer 11

The parties jointly and severally

Question 12

When is it appropriate to instruct multiple experts?

Answer 12

Several schools of thought; complex issues; importance of issue; high value of claim; parties appointed pre-action; difficult issues of liability and causation

Question 13

A copy of any order concerning expert evidence must be-

Answer 13

Served on the expert by the party instructing them (or claimant if SJE)

Question 14

Rule 35.6 CPR

Answer 14

Allows either party to put questions to an expert

Question 15

The answers to the questions put to the expert-

Answer 15

Will be treated as part of the report

Question 16

A party seeking an order for expert oral evidence will have to prove-

Answer 16

The expert oral evidence will assist the judge; there is a risk of injustice if the expert evidence is not tested at trial; the cost is not disproportionate

Question 17

In PI, the claimant must disclose what when issuing?

Answer 17

A medical report

Question 18

There is no obligation to disclose a report-

Answer 18

On which the party does not intend to rely on at trial