Expert Witness Journal Dec 24 - Journal - Page 10
The Claims Process:
Expert Evidence Discrimination?
Expert evidence can be an important part of the civil litigation process, as it assists the Court in
providing independent and impartial evidence relating to a specific issue or issues within the
expert’s area of expertise.
timely and cost efficient manner than separately
instructed experts.
When is expert evidence permitted?
Expert witnesses are not necessarily permitted in
every instance. CPR 35.1 states that “expert evidence
shall be restricted to that which is reasonably required
to resolve the proceedings”. Parties should, therefore,
attempt to narrow down the issues in dispute prior to
instructing an expert.
How can we help?
Instructing experts in civil litigation proceedings is not
straightforward and not suitable in all circumstances.
If you have any queries about the use of expert evidence, our team of Dispute Resolution lawyers can
assist.
Any party seeking to rely on expert evidence at trial
must first get the permission of the Court (CPR
35.4(1)). CPR 35.4(2) states that “when parties apply
for permission they must provide an estimate of the
costs of the proposed expert evidence and identify –
This article is for general guidance only. It provides
useful information in a concise form. Action should
not be taken without obtaining specific legal advice.
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l The field in which expert evidence is required and
the issues which the expert evidence will address; and
Author
Millie Bird
Solicitor
www.rollits.com
l Where practicable, the name of the proposed
expert”.
Expert witnesses
CPR 35.2(1) states that “a person who has been
instructed to give or prepare expert evidence for the
purpose of proceedings” is an expert. This would be
a Court appointed expert also known as an expert
witness.
Mr Andrew Meredith
In contrast to witnesses of fact (discussed in our
previous article), expert evidence is generally based
on opinion rather than fact. CPR 35.5 presumes that
expert evidence will be in a written format, however,
if the Court grants permission, such evidence may be
given orally.
Consultant ENT Surgeon
MA, MBBS, FRCS, DLO
Mr Meredith is a Consultant ENT Surgeon previously
based at Hastings and now working part-time at Queen
Alexandra Portsmouth.
He has extensive experience in ear, nose and throat problems
The key duty of the expert witness is to assist the court.
This overrides any duty towards the parties instructing the expert or paying them for their services. Expert witnesses provide their opinion in order to assist
the court. The expert must give independent opinions on their area of expertise only, meaning that if
they were instructed by a different party, their opinion
would remain the same.
including:
Noise induced hearing loss
General ENT personal injury
Otology
Rhinology
Diving and ear, nose and throat disorders
Sleep disorders
Obstructive sleep apnoea
Special clinical interests in Audiology
Single joint experts
In cases where parties feel it is necessary to obtain
expert evidence, the use of a single joint expert should
be considered (particularly where the case is particularly low value). Where both parties wish to submit expert evidence on an issue, the Court can also direct
that this should be by way of single joint expert.
Since 1990 Mr Meredith has examined approximately 1200 patients
with possible noise induced hearing loss, and approximately 200
patients in personal injury cases. He has experience of conference
with council in approximately 50 cases and has attended court as an
as expert witness in 9 cases.
Consultations:
Sussex Premier Health
The Ridge, St Leonards on Sea, East Sussex, TN37 7RE
A single joint expert is jointly instructed by the parties
and the parties will usually seek to agree the terms of
instruction and share the cost of the expert. A single
joint expert may assist in resolving a dispute in a more
EXPERT WITNESS JOURNAL
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Contact address: Candytuft, Stalkers Lane,
East Hoathly, Lewes, East Sussex, BN8 6QS
8
DECEMBER 2024
