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The Crucial Role of Expert Witness
Testimony in Personal Injury Litigation
A vital aspect of personal injury litigation is the role of the expert witness. They play a crucial
role in establishing key elements of the case providing impartial specialised expertise. The Courts
rely on expert witness testimony that can assess technical and specialised evidence that is
frequently pivotal in determining the outcome of the case.
Expert witness testimony is governed by a rigorous
legal framework under the Civil Procedure Rules
(“CPR”) and expert witnesses are only permitted,
under Rule 35 section 1, to clarify specialist issues with
the clear purpose of assisting the Court to understand
legal issues that are essential to the case and directly
assists in the resolution of the matter.
witness must outline the area and issues that the expert witness will be required to examine. The Court
has the discretion to appoint a single joint expert
(“SJE”) with the agreement of both parties.
Following the submission of the expert witness report
a period of 28 days during which time questions may
be submitted to the expert witness who must reply
within a reasonable time frame. In the event of there
being more than one expert witness the Court can direct them to hold discussions on the points, following
which they must issue a joint statement stating the
agreed issues and those still in dispute, together with
the reasons for disagreement.
Alessandra Paduano, an Associate, commented “the
principal expert witnesses who are called upon to provide their
expert opinion are medical experts, assessing the extent of physical injuries, potential prognosis and forensic experts and occupational therapists who also play a part in assessing the
Claimant’s likelihood of recovery and returning to work or
whether they will require extensive care and rehabilitation.”
Alessandra further pointed out “the Courts rely on expert
witnesses to comprehensively explain in a report, not only the
impact of the event on the victim but the factors involved when
demonstrating how an accident initially arises and where
liability occurs.”
An offer to settle a personal injury claim can be made
at any stage, before and during the proceedings.
Commonly, a Part 36 offer is made which provides the
party receiving the offer a period of 21 days to consider the office. If an offer is accepted the party that
made the offer pays the other party’s costs. A Part 36
offer cannot be withdrawn or varied without the
Court’s permission. It should be noted that Part 36
offers come with costs consequences. If an offer is rejected and a Judge awards at trial a more advantageous settlement than the one offered, the opposing
party will have to pay higher costs.
Expert witness testimony can be given in person but
more frequently the expert witness written report is
submitted. Rule 35 of Civil Procedure Rules outlines
what an expert witness report must include:
• the qualifications of the expert witness.
• a statement of truth where the expert witness states
that they believe the facts stated in their report are
true.
A settlement offer made at an early stage is a risk, in
that if the injured party makes a slow recovery there
is no opportunity to obtain further compensation.
The option to attempt mediation may result in a satisfactory conclusion as the mediator brings an impartial prospective. There is no legally binding obligation
to accept the decision of a mediator.
• The reasoning that the expert witness applied to
reach the opinion given.
The expert witness has a duty to the Court which
supersedes any obligation to the party instructing and
paying the expert witness. It is outside the remit of an
expert to decide which witnesses of fact they believe or
not.
The significant importance of an expert witness in
personal injury matters requires the Courts and the
parties to have complete confidence in the knowledge
and experience of the expert witness. There are a
number of training organisations but one, Bond Solon
a leading expert witness training company, stands out
having been consistently ranked with Chambers &
Partners Litigation Support Guide, the independent
legal ranking directory, since 1992.
The latter was considered in Allard v Govia Thameslink
Railway Ltd [2023] EWHC 2227 (KB), in which the Defendant’s expert simply did not believe the Claimant’s
version of events and his symptoms. This was a personal
injury claim following the breathing in of a noxious
chemical. Despite there being common ground between the Claimant’s and the Defendant’s experts in relation to the duration of the exposure and the
concentration of the vapour, the Defendant’s expert
simply did not believe the symptoms the Claimant had
suffered.
The Court controls the appointment of expert
witnesses, controlling the scope of evidence and the
number of expert witnesses that can be appointed.
The party requesting the assistance of an expert
EXPERT WITNESS JOURNAL
In personal injury matters from the point of view of a
Claimant, the importance of outstanding expertise
from all professionals involved in a personal injury
case cannot be over- emphasised. A Claimant has one
opportunity to obtain redress to compensate them for
what is often a catastrophic life-changing event and it
is essential that all options are available to ensure that
they achieve a positive outcome.
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