Part two: Mark Solon considers the skills and qualities of the right expert
Expert witnesses only are permitted to offer opinions to the court on the meaning and implication of other evidence that may influence the outcome of the case. The courts are concerned to ensure that opinions are offered by reputable people, following recognised disciplines of knowledge.
The civil courts, under the CPR (rr 32.1, 35.1 and 35.4), have complete control over evidence, including expert evidence. Moreover, the Pre-action Practice Direction states that if parties need an expert pre-action they should if possible engage an agreed expert, and should be aware that if proceedings are issued the court may not allow the use of the expert's report or the recovery of the costs (paras 4.9–10).
The CPR emphasise the role of the expert as adviser to the court, and that experts should be independent from the party who instructs them (CPR 35.3).
- The courts have greater control, through judicial case management, over evidence in general (and expert evidence in particular), and over the costs
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