Expert witnesses
Expert witnesses

The following Property guidance note provides comprehensive and up to date legal information covering:

  • Expert witnesses
  • Duties
  • Guidance
  • Costs
  • Single joint experts
  • Waiving privilege
  • Expert’s bias
  • Immunity
  • Advantages for removing expert witness immunity:
  • Practical points to note:

An expert witness is a witness who, by virtue of his skill, is believed to have expertise in a particular area so others can rely on his opinion regarding a specific issue or fact.

Duties

All experts have a duty to the court as prescribed by the Civil Procedure Rules 1998 (CPR) and all expert's reports must state that the expert has complied with his duty owed to the court.

Experts and those instructing them must comply fully with CPR Part 35 and the accompanying Practice Direction (PD), which governs all the steps the expert and its advisors must take from the initial instruction through to giving evidence. As of 1 April 2013 the court has power to restrict the use of expert evidence. CPR 35.4(2) provides that parties applying for permission to call an expert must provide the identity of the expert, the field required and the issues they will address along with an estimate of costs. An order a judge gives granting permission will only be relation to the expert or field identified. Further, the order granting permission may specify the issues that the expert should address.

As of 1 April 2013 the court has power to restrict the use of expert evidence. CPR 35.4(2) provides that parties applying for permission to call an expert must provide the identity of