In less complex cases the court has the power to order that the parties instruct a single joint expert who is appointed and instructed jointly by the parties involved in the dispute. In large or complex cases the court may allow each party to instruct their own expert and if expert evidence is required in more than one area of expertise the court will usually allow the appointment of more than one expert, provided that the cost is proportionate to the value of the dispute.
The court also has the power, to reject evidence that is otherwise admissible, for example, if it decides that an expert has not established his independence or has not complied with his overriding duty to the court. However, the Court has the power to exclude expert evidence in certain circumstances, for example when it deals with matters that are for the judge to decide or if on the facts of the case the judge can form his/her own conclusion without the help of an expert. Generally expert evidence is admissible whenever there are matters at issue which require the input of an expert for their observation, analysis or description. The expert evidence should provide as much detail as is necessary to convince the judge that the expert’s opinions are well founded.
The primary function of the expert witness is to assist the court in reaching its decision by providing independent expert/technical analysis and opinion on an issue(s), based on the information provided by those instructing him. Jonathan Hadley Piggin examines exactly what makes an ‘expert’ an ‘expert witness’ and why, when it comes to the court process – an individual needs to be much more than simply knowledgeable in order to be deemed an expert witness.īy definition, an expert is someone who – by reason of his/her education, training, skill or experience – has specialist knowledge of a particular field or discipline beyond that of a layman, such that other people may rely on his opinion about issues within his area of expertise.Įssentially, expert evidence is opinion evidence or, the opinion of the expert. Use the filters below to refine the results displayed opposite.What can we help you with? Search everything.
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