When do you need an expert witness? is an important question for skilled professionals thinking of becoming legal experts or members of the legal profession. Firstly, lets look at what is an expert witness.
An expert witness is a person who has specialised knowledge or experience in a particular field and is called upon to provide evidence in a court of law. In the United Kingdom, expert witnesses are used in both civil and criminal proceedings to provide impartial and unbiased evidence to the court.
In civil cases, expert witnesses are commonly used to provide evidence in disputes involving professional negligence, personal injury, and commercial disputes. For example, in a case involving a professional negligence claim against a doctor, an expert witness in the field of medicine may be called upon to provide evidence on the standard of care expected of a doctor in the relevant circumstances. Similarly, in a case involving a personal injury claim, an expert witness in the field of accident reconstruction may be called upon to provide evidence on how the accident occurred.
In criminal cases, expert witnesses are used to provide evidence on a wide range of issues, including forensic science, ballistics, and DNA analysis. For example, in a murder case, an expert witness in the field of forensic pathology may be called upon to provide evidence on the cause of death, while an expert witness in the field of DNA analysis may be called upon to provide evidence on the presence of DNA at the crime scene.
Expert witnesses in the UK are required to be independent and impartial, and must not have any financial or other interest in the outcome of the case. They are also required to provide a written report setting out their qualifications, the basis of their evidence, and the conclusions they have reached.
What Should be in an Expert Witness Report?
The report should include any relevant appendices, such as photographs, diagrams, or other material that the expert has relied upon in reaching their conclusions. This will help the court to understand the evidence more clearly and to make an informed decision.
In summary, an expert witness report should include:
Summary of the expert's qualifications and expertise
Summary of the instructions
Detailed explanation of the expert's findings and conclusions
Summary of any limitations of the evidence
Appendices with any relevant material.
It's important to keep in mind that the report should be written in clear and concise language that is easy for the court to understand. The expert should avoid using jargon or technical language that may be difficult for the court to understand.
An expert witness report should also include a statement that acknowledges the expert's responsibilities and the potential consequences of not meeting the required standards. This statement should make it clear that the expert is aware of the standards expected of them and that they have taken reasonable care to meet those standards (see https://www.justice.gov.uk/courts/procedure-rules/civil/rules).
For example Chartered surveyors must fill in an expert report must include a declaration and a statement of truth as provided in the RICS guidance and the Ministry of Justice Civil Procedure Rules & Practice Directions; of importance is Part 35 Experts and Assessors, and its supplementary Practice Direction.
The statement should also acknowledge that if the court concludes that the expert has not taken reasonable care, they may be subject to public, adverse criticism by the judge. This means that the judge may make negative comments about the expert's evidence and their conduct in the case, which could damage the expert's reputation and credibility.
When is an Expert Witness Needed?
There are a number of situations where an expert witness may be needed, such as where the issues in the case are complex, or where there is a dispute about the interpretation of technical evidence. In some cases, an expert witness may be used to provide independent confirmation of evidence that has been given by another witness.
An expert witness must be able to evidence their qualifications and experience, and show that they are independent from the parties in the case. They must also be able to provide clear and objective evidence, and must be able to explain their opinion in a way that is easy to understand.
In the United Kingdom, an expert witness may be used in both criminal and civil cases. In a criminal case, an expert witness may be used to give evidence about a matter that is relevant to the case, but which is not common knowledge. For example, an expert witness may be used to give evidence about the effects of a particular drug, or the way in which a particular crime was committed. In a civil case, an expert witness may be used to give evidence about a matter that is in dispute between the parties. For example, an expert witness may be used to give evidence about the value of a piece of property, or the cause of an accident.
https://www.justice.gov.uk/courts/procedure-rules/civil/rules
https://witnessdirectory.com/signup.php
