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

Harneys—Maggie Kwok & George Weston

Harneys—Maggie Kwok & George Weston

Harneys senior leadership appointments

Freeths—Keith Browne & Jim Jordan

Freeths—Keith Browne & Jim Jordan

Freeths strengthens London Construction and Engineering practice with two strategic senior hires

Anthony Collins—Laura Moss

Anthony Collins—Laura Moss

Anthony Collins announces strategic hire to deepen skills base in the social business sector

NEWS
More than 100 teams from the legal and financial services sectors competed in five sports at the 51st Law Society RFC Festival of Sport earlier this month
Part-time status need only be an effective cause of less favourable treatment, rather than the sole cause, the Supreme Court has held in Augustine v Data Cars
Britain’s new acknowledgement that Israel’s occupation is unlawful, and accompanying settlement-goods ban and sanctions, is significant but overdue, argue Danny Friedman KC and Victor Kattan in NLJ this week
New planning fee rises, wider trade union access rights and a service-by-email trap feature in Stephen Gold’s latest Civil Way
Existing defamation law can respond to AI ‘hallucinations’, but allocating responsibility will prove harder where outputs reach users without human intervention
back-to-top-scroll