Expert Evidence Back to Basics and Recent Hot Topics Guildhall 专家证据回到基础和最近热门话题，会馆.doc

EXPERT EVIDENCE: BACK TO BASICS AND RECENT HOT TOPICS Holly Doyle Ross Fentem, Guildhall Chambers Introduction Lord Woolf’s Access to Justice Reports identified a number of key problems with the use being made of expert witnesses within our civil justice system. His recommendations heralded a new restrictive approach to expert evidence which is enshrined in England and Wales in Part 35 of the new Civil Procedure Rules. Since that time there have been a number of updates to the original rules and the introduction in 2005 of the Protocol for the instruction of experts to give evidence in civil claims. 2. This note is divided into two parts. The first, “Back to Basics”, is intended to be a brief roundup or refresher on the rules relating to expert evidence in CPR Part 35, the Practice Direction and the Protocol. This first part of the note considers: Expert evidence - what is it and when do we need it? What duties are owed by the expert? The procedure and the process. Replacing your expert/obtaining further expert evidence. The second part, “hot topics”, deals with recent cases which concern and affect expert witnesses, under three headings: Immunity. Privilege. Confidentiality. Contents Part 1 Back To Basics Paragraph No. Expert evidence - what is it and when do we need it? The Expert 4 Expert evidence 8 Admissibility and Control of Expert evidence 11 Where expert evidence is likely to be needed 16 Where expert evidence might not be appropriate/ admissible 22 What duties are owed by the expert? The transition from expert to expert witness 33 The overriding duty to the court 35 Consequences of failing to meet that duty 39 A duty owed to the instructing party? 42 The procedure and the process Obtaining the Court’s permission to rely on expert evidence 43 The Single Joint Expert 49 The Expert Report 60 Disclosure of the Expert’s report 72 Written questions to experts: 76 Discussions and Me