header-logo header-logo

12 August 2016 / Dr Chris Pamplin
Issue: 7711 / Categories: Features , Expert Witness , Profession
printer mail-detail

A civil report in the dock

istock_90098517_large

Chris Pamplin looks at the issues that can arise when a report written in contemplation of civil proceedings gets drawn into criminal proceedings

Is an expert witness obliged to hand over to the Crown Prosecution Service (CPS) a report he had prepared for use in earlier civil proceedings? This was the question raised by an expert witness listed in the UK Register of Expert Witnesses recently. This article not only touches on the status of the report itself, but also on issues about the direct application of the contents of the civil report to the matters at issue in any criminal proceedings, and whether the expert was entitled to qualify some of the points contained in the original report.

Who owns the report?

It is usual for an expert report to belong to the party who paid for it, a position controlled by the expert’s contract. In the majority of cases this will be the original instructing solicitor, or his client. But, regardless of who holds the copyright, the report’s

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Ward Hadaway—19 promotions

Ward Hadaway—19 promotions

19 promotions across national offices, including two new partners

Brabners—Ruth Hargreaves

Brabners—Ruth Hargreaves

Partner promoted to head of corporate team

Slater Heelis—Liam Hall, Jordan Bear & Joe Madigan

Slater Heelis—Liam Hall, Jordan Bear & Joe Madigan

Chester office expansion accelerates with triple appointment

NEWS
The Court of Appeal’s decision in Mazur v Charles Russell Speechlys has reignited debate over what exactly counts as the ‘conduct of litigation’ in modern legal practice
A controversial High Court financial remedies ruling has reignited debate over secrecy, non-disclosure and fairness in divorce proceedings involving hidden wealth
Britain’s deferred prosecution agreement regime is undergoing a significant shift, with prosecutors placing renewed emphasis on corporate cooperation, reform and early self-reporting
The High Court has upheld the Metropolitan Police’s live facial recognition policy, rejecting claims that its deployment unlawfully interferes with privacy and protest rights
As AI chatbots increasingly provide legal and commercial advice, English law is beginning to confront who should bear responsibility when automated systems get things wrong
back-to-top-scroll