Expert Evidence

Question 1

Experts can give ______ evidence derived from _________ _____, skill, or training that is not within the ________ ________ of the judge

Answer 1

opinion, special knowledge, ordinary experience

Question 2

What are the three ‘I’s that experts owe to the court?

Answer 2

1. Independence,
2. Integrity,
3. Impartiality

Question 3

Generally, expert evidence is to be given in a _______ report addressed to the court

Answer 3

written

Question 4

What are 4 requirements needed for an expert to be able to give oral evidence?

Answer 4

1. Likely to have an impact on the outcome
2. Assists the judge
3. Risk of injustice if expert evidence isn’t tested
4. Costs are not disproportionate

Question 5

The parties should try to agree to a _____ ____ expert unless there is a good reason not to

Answer 5

single joint

Question 6

For single joint experts, the parties ____ __ ___ until conclusion and allocation of _____ to the losing party

Answer 6

share the fee, costs

Question 7

What does the judge do if the parties cannot agree to a single joint expert?

Answer 7

The judge will choose from a list of experts provided by the parties

Question 8

What are 4 situations in which a court may allow parties to instruct their own experts?

Answer 8

1. Complex/high value issues
2. Cost effective to continue from pre-action phase
3. Different schools of thoughts
4. Issues of focus are significant to the outcome e.g. quantum of damages

Question 9

How many days after receiving the expert report do parties have to send questions to the expert?

Answer 9

28 days

Question 10

What is a without prejudice meeting of the experts?

Answer 10

A meeting ordered by the court if parties have their own expert, to help identify the issues on which they agree/disagree

Question 11

Should legal representatives be present at without prejudice meetings of the experts?

Answer 11

No