Flashcards in Unit 15 - Experts Deck (61)
Does CPR 35 apply to small claims track?
Is evidence tendering to provide an expert's view on the credibility/reliability of a witness generally admissible?
No. generally inadmissible.
Must a judge give reasons for preferring the evidence of a witness of fact over than of an expert?
Expert evidence shall be restricted to that which...
...is reasonably required to resolve the proceedings.
Can expert evidence be adduced without court permission?
Examples of refusing to adduce expert evidence as it was not necessary to resolve the dispute: (only on syllabus)
Asking what the expert would have done in a hypothetical situation;
Give careful thought before adducing expert evidecne in JR claim.
Expert evidence is not to be used to establish standard of honesty for certain market practices;
What is a single joint expert?
An expert instructed to prepare a report for the court on behalf of two or more of the parties to the proceedings.
Experts have an overriding duty to...
...the court, irrespective of who called the expert.
Must experts make it clear when an issue falls outside of their expertise?
Must experts state where their conclusions are based on inadequate evidence?
Must experts be prepared to reconsider their opinion in light of new information/expert evidence?
When parties apply for permission to adduce expert evidence, they must provide:
Estimate of costs;
The field in which the evidence is required;
The issues E will address;
For soft tissue injury claims, permission...
...May normally be given for one expert medical report.
May not be given unless medical report is a fixed costs medical report.
True or False. CPR 35 only applies where expert evidence is to be adduced from an expert instructed by parties to the immediate proceedings.
True. Parties can rely on EE in previous proceedings as hearsay evidence, and court should be slow to interfere with that.
Who has the burden to adduce expert evidence?
The party seeking to adduce it - show that it will assist the court.
TRUE or FALSE. Expert evidence must be contained within a recognised body of expertise governed by recognised standards and rules of conduct relevant to the question which the court has to decide.
TRUE or FALSE. Expert evidence, to be admissible, must be of such a nature that a person without instruction in the area would not be able to form a sound judgment on the matter without the assistance of an expert witness.
What is the three-stage test in British Airways v Spencer for adducing expert evidence?
Is it necessary to decide an issue, rather than just helpful?
If not, will it assist the judge in determining the issue?
If yes, is expert evidence on the issue reasonably required to determine the proceedings?
In what form should expert evidence be given?
Written report, unless directed otherwise.
TRUE or FALSE. An expert will be ordered to attend claims on the small claims track and fast track.
FALSE. They will not be directed to attend unless it is necessary to do so in the interests of justice.
How many times can written questions to expert evidence be put?
How long do parties have to issue questions to expert evidence?
28 days of clarfication of the report, unless court gives permission or other party agrees.
What happens if the expert does not provide an answer to a written question?
The court may order that the instructing party cannot rely on the evidence, or that the party may not recover the fees and expenses of that expert from any other party.
WHen may the court order a Single Joint Expert?
Where two or more parties wish to submit expert evidence on a particualr issue.
What happens if parties cannot agree who should be the single joint expert?
The court may select the expert from a prepared list or direct them to be selected in any manner as the court directs.
If a party agrees to a SJO, are they barred from then seeking further expert evidence?
No, but it does depend on the circumstances of the case (e.g. what is at stake).
What must an expert report contain?
Compliance with PD35;
Statement of understanding of duty to the court;
Substance of all material instructions
TRUE or FALSE. Only the instructing party can use a disclosed expert's report as evidence at the trial.
FALSE. Any party can.
Can the court order experts to discuss the issues in the proceedings?