Expert evidence Flashcards
(20 cards)
If the judge prefers the evidence of an one expert over another, or a witness of fact over an expert, what should they do?
Give reasons
What is the test for whether expert evidence is admissible?
It must be reasonably required to resolve the proceedings
Is expert evidence needed for a small claim which involves the value of a car?
No - published guides are sufficient
Who does the expert owe a duty to?
The court
What must be included when permission to instruct an expert is sought?
Estimate of costs
Field they work in
Name of proposed expert (if possible)
What is the normal order for claims on the small or fast track
One expert per field
When does the need to apply for permission apply for expert evidence?
When it is for an expert to be instructed in these proceedings
A party who wishes to rely on evidence adduced in a previous proceedings, say, may enter it as hearsay evidence
How should expert evidence be given?
By written report
If its a small or fast track claim the expert will not be directed to attend unless it is in the interests of justice to do so
When can a party ask questions of another expert?
Within 28 days of service of the expert report
What must questions asked of an expert report be for?
clarification
What power does the court have if the expert does not answer a question asked with 28 days?
That the party may not rely on the expert’s evidence
and/or
that the party may not recover fees and expenses of that expert from any other party
Can the court insist on a single joint expert?
Yes - if the parties cannot agree on who, the court can select them from a list or set up any selection process it sees fit
Who can instruct a single joint expert?
Any party.
They must send a copy of their instructions to the other relevant parties when they send them to the expert
What power does the court have to manage access to information held by a party?
Can direct, if one party has information that is not easily accessible to another, that that party prepare, serve and file a document containing the information
What must an expert’s report include?
A statement making clear they understand and have abided by their duty to the court
the substance of the instructions on the basis of which the report was written
If details of the instructions are sufficiently given, the court will not permit questioning in court on those instructions
Who can use an expert’s report?
any party
Can the court insist that experts discuss issues?
yes - done to try and get a clear list of issues and agreed positions on them
The report of the discussion should state any agreed positions. Any difference of opinion should also be recorded alongside a statement of what the difference is
The agreement is not binding unless the parties agree to be bound by it
What is the consequence of failing to disclose an expert’s report?
You cannot rely on it at trial unless court gives permission
How can an expert seek support and help from the court?
An expert can file a written request for directions from the court.
They must serve a copy of their proposed request with their instructing party 7 days before they intend to file and 4 days for other parties
What must an expert do if their view changes after the report is filed?
Tell the party instructing them who will then tell the other parties without delay, and will inform the court when appropriate
