What is an Expert Witness?
An expert within Civil Procedure rules
An expert is someone who has been instructed to prepare evidence for the purpose of the proceedings. The duty of the expert is to help the court on matters within their area of expertise.The experts duty to the court overrides any obligation to the person who provided the instruction/paid.
Essential contents of an experts report?
- Experts qualifications.
- Reference to any literature or other source of information that has be relied on in production of the report.
- Outline of the instruction and any facts that have been considered.
- Cleary state which facts are within the experts own knowledge.
- If an opinion is not qualified then this should be stated and also what qualification is required.
- Conclusion/Summary.
- Findings and reasoning behind the findings.
- Details of any tests carried out, were they witnessed and what are the qualifications of the person who did them.
- Declaration to the court confirming they understand their duty to the court and aware of the Part 35 CPR requirements.
In Dispute - Civil Litigation Tracks
Cases in which the defendant disputes liability or value of the claim (quantum) and the total claim value is below £100,000 the claim will be heard in the county court
Litigation tracks -
Small Track - Claims under £10,000 (excluding personal injury £1000) Designed for claimants that don't have legal representation. Both sides submit written evidence for the judge to consider and make judgement.
Fast Track - Claims between £10,000 and £25,000. Begins with a case management conference with a trial within 30 weeks. Usually one expert witness, evidence provided in writing. Legal costs can be recovered in these cases
Medium Track - Claims above £25,000. No standard procedure, can be a mix of pre trial hearing and CMC to suit the case. Judge will look to identify issues as early as possible and may have seperate hearing for liabilty and claim value (Quantum)
Get a Part 35 Court Compliant Engineers Report
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