Chapter 14 Flashcards
1
Q
What is the role of an expert witness?
A
To assist the trial judge.
2
Q
What is the difference between a lay witness and an expert witness?
A
Lay - factual evidence
Expert - opinion
3
Q
What is the difference between a treating expert and a part 35 expert?
A
Treating experts are retained to treat the claimant to injuries I.e a nurse. They will give evidence as fact.
Part 35 Expert gives opinion
4
Q
When may an expert witness be required?
A
- medical reports
- expert accountancy
- surveying and valuation in property
- architects and surveyors in defective building work
5
Q
What is a single joint expert?
A
One expert that acts for both the claimant and defendant.
6
Q
When may it be best to use unilateral experts rather than single joint experts?
A
- complex issues
- issues at hand are important to the outcome of the case
- value of the claim is significantly high
- the parties have already instructed their own experts and it is cost effective to continue this way.
7
Q
What should be included in an experts report?
A
- qualification
- any material they have relied upon
- make it clear which are facts and knowledge
- a statement confirming their understanding of their duty to the court
- a copy of the instructions received.
8
Q
What is hot tubbing?
A
Where the court asks all experts to give their evidence at the same time.
