Opinion Evidence, Experts and Privilege

Question 1

Opinion evidence rule:

Answer 1

General rule is that witnesses may only give evidence of fact, with two exceptions:

(a) A statement of opinion on any matter not calling for expertise if made by a witness as a way of conveying relevant facts personally perceived by him, is admissible as evidence of what he perceived
(b) Experts, a statement of opinion on any relevant matter calling for expertise may be made by a witness qualified to give such an expert opinion

Question 2

Duty of experts:

Answer 2

(a) Define his area of expertise in his report and when giving evidence
(b) when giving evidence, draw the courts attention to matters which the answer is outside of his expertise
(c) inform all parties and the court if his opinion changes from that contained in a report

Question 3

Are juries bound by an experts opinion?

Answer 3

No - even if uncontradicted

Question 4

Pinciples applied to privilege:

Answer 4

• A person entitled to claim privilege may refuse to answer a question - the judge should not balance right against the importance of evidence
• If a person entitled to claim privilege waives it, no other person may object - neither party can take advantage of it
• A party seeking to prove a matter which a person claims privilege may prove it another way
• no adverse inference can be drawn from a person claiming privilege