In court the nature of the balance will almost certainly be raised. Using mathematical figures may be dangerous, but a positive approach is to be recommended. There may be a balance involved, “pros and cons” of various practices, and in their opinion the balance falls in favour of the view advanced. The opinion should be clear and confident, but depending upon the circumstances does not necessarily have to be dogmatic, rejecting any possible alternative opinion. They should always make full disclosure, and be open and transparent. The expert should indicate the range, in summary form, and in choosing one opinion give the reasons for their own opinion in preference to the others. Often there is a possible range of practices and opinions, not simply a question of right or wrong. They must be provided with the material necessary for their work. They should not go out searching for facts, that is not their role they should ask for them to be supplied. They should not just “make the best of a bad job”, they should seek more information from those instructing then, or mark their report “provisional” and explain why, or in extreme situations they may apply to the Judge for guidance. Inadequately instructedįrom time to time the expert may feel that their instructions are inadequate. They may not be formally well educated, but they have worked on these machines, or they have worked as a senior manager in the building trade, or as a police officer they have worked in drugs or gang culture or road accidents for many years Myers v The Queen UKPC 40, AC 314. Where they are more of a practical person than a university or theoretical person they should not omit full details of their practical experience leading to their practical knowledge and their justification for claiming expert status. The expert must give all their qualifications. A hard copy in the file and the ability immediately to access them on the computer are part of the legal tools of his trade. The expert must not omit always to have with them a copy of the Rules CPR 35 and the Practice Direction and the Guidance for the Instruction of Experts in Civil Claims 2014, to study them, to understand them, to refer to them, and to follow them. However, experience has shown that there are pitfalls, pitfalls which may have serious consequences.īy Alec Samuels The Rules and Practice Direction Provided that they conduct themselves in an honest, competent and careful professional manner they are unlikely to transgress the rules. The expert is now closely regulated by the rules. Categories: Industry News, Courtroom evidence Essential Do’s and Don’ts for Expert Witnesses
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