Expert Witness explained.

Expert Witness

What is an Expert Witness?

The role of an Expert Witness is to give their independent expert opinion based on the information provided to them.

An Expert Witness is someone with experience and knowledge in a particular field or industry, with a deeper expertise and understanding of that subject than the average person.

The duty of the Expert Witness is to provide an impartial opinion to the court or tribunal on matters within their expertise which are being disputed.

The court must give permission for an Expert Witness to provide evidence.

The Expert Witness will provide expert opinion independently based on the instructions that have been provided. The instructions will be displayed within the Expert Witness Report which is available to both sides and the court. The report will be a truthful, independent, and impartial reflection of the expert’s opinion. The expert has an overriding duty to the court or tribunal, regardless of who the fee payer is – irrespective if this opinion favours the fee payer’s case or not.

The expert will only provide opinions based within their expertise; they are unable to provide opinion outside of their remit. They are unable to provide advice or guidance on your case nor are they allowed to accept the work on a conditional outcome.

Why do we need an Expert Witness?

An Expert Witness is needed when it is necessary to have evidence based on opinion to help in the resolution of the dispute in court. Sometimes the Expert Witness opinion can lead to the early resolution of the dispute, or the Expert Witness can be called to the court to give evidence as part of the legal proceedings.

Different Types of Expert Witness

There are 3 types of Expert Witnesses used within the English and Welsh courts:

PAE – Party Appointed Expert – The Expert Witness is instructed by one party within the dispute. The Expert Witness has a duty to the court to assist on matters within their expertise. This duty overrides any responsibility to the fee paying / instructing party.

SJE – Single Joint Expert – The Expert Witness is instructed by parties involved in the dispute. The Expert Witness has a duty to the court to assist on matters within their expertise. This duty overrides any responsibility to the fee paying / instructing party.

Shadow Expert – Expert Advisor – The Expert Advisor is appointed by one party involved in the dispute to advise that party throughout the court proceedings. This Expert does not have a duty to the court and will not normally provide evidence as they are not covered by the Civil Procedure Rules.