Friday 17 April 2015

Guiding the Experts!

Blog 5

When called to give evidence, a witness in a court proceeding is a “witness of fact” whereas an expert witness would be called to provide an opinion on the matter.


An opinion can be guided by different assumption therefore it is imperative that guidelines are in place. An experts report must comply with Rule 23.13 of Practice Note CM7. Rule 23.13 (g) states that the reasons for the expert witnesses opinion must be given and (e) outlines that the factual findings from which the expert's opinion is based on should be provided.    

The Chief Justice describes that these guidelines were introduced in order to facilitate the admission of opinion evidence so the experts understand the expectations of the Court. Furthermore, so that the expert witness is not subject to criticism for lack of objectivity. This is because the expert’s opinion can be drawn from facts which includes observed, scientific, accepted or assumed facts.

I think it is fairly reasonable to expect that expert witnesses adhere to guidelines. The duty of an expert witness should be to the Courts and not to act as an advocate of the client. Setting guidelines ensures that the witness knows of his/her audience. Even in general life, guidelines such as criteria on a university assignment set out the expectation so we know what is needed to be fulfilled. When I was employed in retail, we were given employee handbooks that outlined the expectations of the employer. Likewise, guidelines are needed for experts so they can meet expectations.   


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