Duties of Experts
Experts play a crucial role in civil litigation by providing specialized knowledge and opinions on complex issues beyond the general knowledge of the court. However, experts are bound by specific duties that ensure their contributions are impartial, reliable, and helpful to the court's decision-making process. These duties are outlined in the Civil Procedure Rules (CPR), particularly Part 35, and are supported by case law and professional guidelines.
Primary Duty to the Court
The foremost duty of an expert is to the court, overriding any obligation to the party that has instructed or is paying them. This duty requires experts to provide independent, unbiased opinions that assist the court in understanding the issues in the case.
- ★ Impartiality: Experts must act impartially and should not act as advocates for any party. Their testimony and reports should be objective, reflecting their honest and professional judgment.
- ★ Independence: Experts must maintain independence from the parties, ensuring that their opinions are based solely on their expertise and the evidence available, without undue influence from the instructing party.
Experts must provide opinions that are both objective and informed by their specialist knowledge. They must base their opinions on the facts of the case, the data available, and sound scientific or professional principles.
- ★ Basis of Opinions: Experts should explain the basis for their opinions, clearly stating the facts or assumptions upon which they rely. They must distinguish between what they know to be true and what they assume to be true.
- ★ Limitations and Uncertainties: Experts should identify any limitations or uncertainties in their analysis. They must acknowledge the scope of their expertise and avoid making statements on matters outside their knowledge.
- ★ Comprehensive and Accurate Reporting: Experts must ensure that their reports are comprehensive, accurate, and contain all relevant information, including any contradictory data or alternative interpretations.
Duty to Keep Up to Date
Experts have a responsibility to stay informed about new developments in their field of expertise, ensuring that their opinions are based on the most current and accurate information.
- ★ Continuous Professional Development: Experts should engage in ongoing professional development, keeping abreast of new research, techniques, and standards relevant to their field.
- ★ Updating Reports: If new information comes to light that affects the expert's opinion, they must update their reports accordingly and inform the court and all parties of any changes in their views.
Duty to Cooperate with Other Experts
In cases where multiple experts are involved, there is often a duty to collaborate with other experts to narrow the issues in dispute and clarify areas of agreement and disagreement.
- ★ Joint Statements: Experts may be required to meet with other experts and produce joint statements that identify agreed points and areas of disagreement. This process helps to clarify the issues and assists the court in focusing on the key differences between expert opinions.
- ★ Meetings and Discussions: Experts should engage in constructive discussions with their counterparts, exchanging information and exploring the reasons for any differing views. These discussions should be conducted professionally and with respect for each other's expertise.
Duty to Comply with Court Orders and Directions
Experts must comply with all court orders and directions related to their participation in the case. This includes adhering to deadlines for submitting reports and attending hearings or meetings as required.
- ★ Timely Submissions: Experts should provide their reports and any other required documentation within the deadlines set by the court, ensuring that the litigation process proceeds without unnecessary delays.
- ★ Attendance at Hearings: If required, experts must attend court hearings to provide oral testimony and respond to cross-examination. They should be prepared to explain and defend their opinions in court.
Conclusion
Experts in civil litigation have a critical role in assisting the court by providing informed and unbiased opinions on technical and specialized issues. Their primary duty to the court requires them to act independently, maintain impartiality, and ensure that their opinions are based on sound principles and current knowledge. By adhering to these duties, experts contribute to the fair and effective resolution of disputes, helping the court to make well-informed decisions.