![]() ![]() If you are considering seeking an expert witness as part of your case, it is a good idea to ensure that you receive professional legal advice first. One way of helping your case is to look for an expert witness who will report to the court on their area of expertise. This especially includes anything that can help your case. Key TakeawaysĪs a business going into a dispute, you should know your options. This expert will not normally give testimony in court, nor will they produce an expert report. ![]() This is because the Shadow Expert has a duty to you rather than the court, as you instruct them to give you advice. This type of expert is particularly useful in less complex cases to reduce overall costs and expedite the testimonial process.Īn expert adviser, or shadow expert, will advise you during a case on technical matters but will not submit oral evidence to the court. The parties will appoint them to prepare an Expert Report. Their overriding duty will still be to the court, and their job will be to provide their expert opinion on the particular topic that the party instructing them has suggested.Ī single joint expert, on the other hand, is an expert that represents more than one party to the dispute. These are:Ī party-appointed expert is a witness that one of the parties to the dispute will appoint. There are three main types of expert witnesses in England. Alongside this, the expert cannot accept any appointment involving a conflict of interest. For example, you cannot pay the expert only on the condition that you succeed in your case. Further, the expert will also not be able to provide an opinion during the course of legal proceedings on an area beyond their specific expertise.įinally, an expert witness cannot accept an appointment or take on a particular case if the terms of the expert witness’s work are conditional on the outcome of the case. In line with this, the expert’s qualifications will typically not include giving advice to you in relation to your case or negotiating in any capacity. To be clear, they do not work as advocates and cannot legally represent you. They cannot, however, argue on your behalf before the trial judge. The expert witness can give a wide range of evidence and examples to support a technical point in relation to your case. If there is bias during legal proceedings, a court may discount a wide range of the oral evidence and conclusions given by the expert’s assessment. It is therefore vital that a report is correctly filled out and filed.įinally, the expert witness’s opinion must be impartial. ![]() Without a report, a court will typically not take the witness into account. An Expert Witness Report will make these instructions available to the other party in a dispute. The expert witness will do this per their counsel’s instructions. What Will An Expert Witness Do?Īn expert witness’s primary job is to give oral evidence to a court on their area of expertise, in the form of their expert opinion. At the same time, the expert’s duty is to give an impartial opinion on their area of expertise. Importantly, an expert witness’s overriding duty is to the court, rather than to the party instructing them. A court must give permission for an expert to give their opinion as part of a case. You can call on an expert witness to give their expertise and opinion on certain aspects of a problem – this is typically referred to as the ‘expert’s duty’. They must possess more knowledge than the basic information that an average person would know. What is an Expert Witness?Īn expert witness is someone who has specialised knowledge on a particular area. It will also touch on some of the key things that this type of witness will do. This article will explain what an expert witness is and how they fit into a court proceeding. Having an expert’s opinion in your favour can help your case significantly. One aspect of this is expert evidence given by an expert witness. As a business going into a dispute, it is important you understand the different aspects of a court proceeding and the types of evidence that a judge will consider. ![]()
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