SQE1 - Dispute Resoluton - 13. Expert Evidence Flashcards

1
Q

What are the two requirements for an expert to give evidence?

A

They must be qualified to give the opinion Their expert evidence must be reasonably required to resolve proceedings

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
2
Q

If expert evidence is allowed, what are the three conditions it is still subject to?

A

Opinion must stem from special knowledge, skill, or training that is not within the ordinary experience of a judge Expert must be reasonably certain of their opinion Expert must demonstrate the basis of their opinion and conclusions

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
3
Q

What is the duty owed to the court by an expert?

A

To exercise independence, integrity, and impartiality, and this overrides their obligation to the person who instructed/paid them

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
4
Q

Is the default position that experts will attend court to give their evidence?

A

No, the default is a written report

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
5
Q

If a party wishes to have an expert testify in court rather than the default of preparing a written report, what four conditions must they satisfy?

A

Expert oral evidence likely to have an impact on the outcome It will assist the judge Risk of injustice if expert evidence is not tested, and Cost of the expert attending is not disproportionate

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
6
Q

What is the difference between an agreed expert in a personal injury case, and a single joint expert generally?

A

An agreed expert is one chosen by a claimant in a personal injury case. The defendant does not have to agree to jointly instruct an agreed expert and retains the right to instruct their own. A single joint expert is one where the court has imposed the obligation that parties share an expert, share the fees, and then the losing party will assume responsibility for paying the expert after the trial.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
7
Q

In what four instances may the court allow parties to have their own expert?

A

Complex issues or high value case Parties already have their own expert from pre-action phase and most cost-effective to retain Number of different schools of thought concerning the issue requiring expert opinion Issue the experts are focusing on has huge significance to the outcome

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
8
Q

Is an expert’s report privileged?

A

Until disclosed

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
9
Q

Does an expert’s report have to be disclosed?

A

Only if the party intends to rely on it

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
10
Q

What is the time limit from the expert sending the report that the parties can ask questions of the expert?

A

28 days

How well did you know this?
1
Not at all
2
3
4
5
Perfectly