header-logo header-logo

Selecting the best

23 October 2008
Issue: 7342 / Categories: Features , Expert Witness
printer mail-detail

Part two: Mark Solon considers the skills and qualities of the right expert

Expert witnesses only are permitted to offer opinions to the court on the meaning and implication of other evidence that may influence the outcome of the case. The courts are concerned to ensure that opinions are offered by reputable people, following recognised disciplines of knowledge.

The civil courts, under the CPR (rr 32.1, 35.1 and 35.4), have complete control over evidence, including expert evidence. Moreover, the Pre-action Practice Direction states that if parties need an expert pre-action they should if possible engage an agreed expert, and should be aware that if proceedings are issued the court may not allow the use of the expert's report or the recovery of the costs (paras 4.9–10).

    The CPR emphasise the role of the expert as adviser to the court, and that experts should be independent from the party who instructs them (CPR 35.3).  
- The courts have greater control, through judicial case management, over evidence in general (and expert evidence in particular), and over the costs

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Gibson Dunn—London partner promotions

Gibson Dunn—London partner promotions

Firm grows international bench with expanded UK partner class

Shakespeare Martineau—six appointments

Shakespeare Martineau—six appointments

Firm makes major statement in the capital with strategic growth at The Shard

Myers & Co—Jess Latham

Myers & Co—Jess Latham

Residential conveyancing team expands with solicitor hire

NEWS
One in five in-house lawyers suffer ‘high’ or ‘severe’ work-related stress, according to a report by global legal body, the Association of Corporate Counsel (ACC)
The Legal Ombudsman’s (LeO’s) plea for a budget increase has been rejected by the Law Society and accepted only ‘with reluctance’ by conveyancers
Overcrowded prisons, mental health hospitals and immigration centres are failing to meet international and domestic human rights standards, the National Preventive Mechanism (NPM) has warned
Two speedier and more streamlined qualification routes have been launched for probate and conveyancing professionals
Workplace stress was a contributing factor in almost one in eight cases before the employment tribunal last year, indicating its endemic grip on the UK workplace
back-to-top-scroll