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EXPERTS

Overriding duty to the court.

Part 35(3) of the Civil Procedure Rules 1998 No. 3132 (L.17) says...

(1). It is the duty of an expert to help the court on the matters within his expertise.

(2). This duty overrides any obligation to the person from whom he has received instructions or by whom he is paid.

 

Amongst other things, the relevant Practice Direction requires that...

  • An expert's evidence should be his own independent product, uninfluenced by the pressures of litigation; and
  • If, after producing a report, he changes his view on any material matter, he should communicate this to all parties without delay.

 

It also expects the expert to...

  • assist the court by providing objective, unbiased opinion on matters within his expertise;
  • not assume the role of an advocate;
  • consider all material facts, including those which might detract from his opinion; and
  • make it clear when a question or issue falls outside his expertise or when he is not able to reach a definite opinion.

 

Comment:

Given that the Civil and Criminal Procedure Rules require an expert to...

a). Declare that his overriding duty is to the court rather than his employer; and

b). That he will remain unbiased throughout;

...can an employee provide expert evidence on his defendant employer's behalf?  Read More...