![]() ![]() a witness of fact) is that the former is able to give an opinion, whereas the latter may only give factual evidence. The main difference between an expert witness and ordinary witness (i.e. 18 Further detail on the duties and responsibilities of expert witnesses and the role of an expert in Scotland can be found in Kennedy v Cordia 19 and Wilson & Anor v Her Majesty’s Advocate. 14Įxpert witnesses in England and Wales should ensure they are familiar with the Civil Procedure Rules (CPR) (part 35) 15, Criminal Procedure Rules (CrimPR) (part 33) 16, and Family Procedure Rules (FPR) (part 25 especially) 17, and the most recent Practice Direction updates issued by the Ministry of Justice. National Health Services), though this does not replace the individual responsibilities or action arising out of any undertaking, as a recent decision by the Supreme Court of the United Kingdom has made clear. Where relevant, it is possible for an expert to act as part of an ‘expert team’ (e.g. Importantly, this ‘duty overrides any obligation to the person from whom received instructions or by whom they are paid.’ (part 35.3). The most recent version of the Civil Procedure Rules 13 notes that expert evidence is ‘restricted to that which is reasonably required to resolve the proceedings … it is the duty of experts to help the court on matters within their expertise’ (part 35.1 and 35.3) (emphasis added). a An expert witness should be independent and ‘uninfluenced by the pressures of litigation’, 12 and should not act as an ‘advocate’ for any of the parties. The expert’s role is to assist the court, tribunal, or hearing (proceedings usually carried out by a quasi-judicial body or panel). However, what may be expected of an expert, and their evidence, may differ according to the legal setting – be this civil, criminal, or family proceedings. There have been several cases in which the courts have attempted to explain the standards and conduct that may be expected of a professional person holding themselves out as an expert, and thus the duties and responsibilities of an ‘expert’ witness 8, 9, 10. 5 Though the Crown Prosecution Service (CPS) have made it clear that ‘there exists no definitive legal definition of an expert’, 6 they offer a useful working summary, in which they describe an expert witness as ‘a person whose evidence is intended to be tendered before a court and who has relevant skill or knowledge achieved through research, experience or professional application within a specific field sufficient to entitle them to give evidence of their opinion and upon which the court may require independent, impartial assistance’. An expert is a person who, through specialist training, study, or experience, is able to provide a court, tribunal, or hearing with relevant scientific, technical, or professional information or opinion, based on skills, expertise, or knowledge, that is likely to be beyond the experience and knowledge of the representing lawyers, judge, jury or panel. ![]()
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