The Claims Process:Expert Evidence Discrimination?Expert evidence can be an important part of the civil litigation process, as it assists the Court inproviding independent and impartial evidence relating to a specific issue or issues within theexpert’s area of expertise.timely and cost efficient manner than separatelyinstructed experts.When is expert evidence permitted?Expert witnesses are not necessarily permitted inevery instance. CPR 35.1 states that “expert evidenceshall be restricted to that which is reasonably requiredto resolve the proceedings”. Parties should, therefore,attempt to narrow down the issues in dispute prior toinstructing an expert.How can we help?Instructing experts in civil litigation proceedings is notstraightforward and not suitable in all circumstances.If you have any queries about the use of expert evidence, our team of Dispute Resolution lawyers canassist.Any party seeking to rely on expert evidence at trialmust first get the permission of the Court (CPR35.4(1)). CPR 35.4(2) states that “when parties applyfor permission they must provide an estimate of thecosts of the proposed expert evidence and identify –This article is for general guidance only. It providesuseful information in a concise form. Action shouldnot be taken without obtaining specific legal advice.Subscribe to our newsletterl The field in which expert evidence is required andthe issues which the expert evidence will address; andAuthorMillie BirdSolicitorwww.rollits.coml Where practicable, the name of the proposedexpert”.Expert witnessesCPR 35.2(1) states that “a person who has beeninstructed to give or prepare expert evidence for thepurpose of proceedings” is an expert. This would bea Court appointed expert also known as an expertwitness.Mr Andrew MeredithIn contrast to witnesses of fact (discussed in ourprevious article), expert evidence is generally basedon opinion rather than fact. CPR 35.5 presumes thatexpert evidence will be in a written format, however,if the Court grants permission, such evidence may begiven orally.Consultant ENT SurgeonMA, MBBS, FRCS, DLOMr Meredith is a Consultant ENT Surgeon previouslybased at Hastings and now working part-time at QueenAlexandra Portsmouth.He has extensive experience in ear, nose and throat problemsThe 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 assistthe court. The expert must give independent opinions on their area of expertise only, meaning that ifthey were instructed by a different party, their opinionwould remain the same.including:Noise induced hearing lossGeneral ENT personal injuryOtologyRhinologyDiving and ear, nose and throat disordersSleep disordersObstructive sleep apnoeaSpecial clinical interests in AudiologySingle joint expertsIn cases where parties feel it is necessary to obtainexpert evidence, the use of a single joint expert shouldbe considered (particularly where the case is particularly low value). Where both parties wish to submit expert evidence on an issue, the Court can also directthat this should be by way of single joint expert.Since 1990 Mr Meredith has examined approximately 1200 patientswith possible noise induced hearing loss, and approximately 200patients in personal injury cases. He has experience of conferencewith council in approximately 50 cases and has attended court as anas expert witness in 9 cases.Consultations:Sussex Premier HealthThe Ridge, St Leonards on Sea, East Sussex, TN37 7REA single joint expert is jointly instructed by the partiesand the parties will usually seek to agree the terms ofinstruction and share the cost of the expert. A singlejoint expert may assist in resolving a dispute in a moreEXPERT WITNESS JOURNALContact DetailsTel: 01825 872162 - Email: peterdesterre@aol.comContact address: Candytuft, Stalkers Lane,East Hoathly, Lewes, East Sussex, BN8 6QS8DECEMBER 2024
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