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Nature Of Expert Evidence

Nature of expert evidence in relation to the Technology and Construction Court

Expert evidence is evidence as to matters of a technical or scientific nature and will generally include the opinions of the expert. The quality and reliability of expert evidence will depend upon (a) the experience and the technical or scientific qualifications of the expert and (b) the accuracy of the factual material that is used by the expert for his assessment. Expert evidence is dealt with in detail in Civil Procedure Rules Part 35 (“Experts and Assessors”) and in the Practice Direction supplementing Part 35. Particular attention should be paid to all these provisions, given the detailed reliance on expert evidence in most Technology and Construction Court actions. Particular attention should also be paid to the “Protocol for the instruction of experts to give evidence in civil claims” annexed to Practice Direction 35 – Experts and Assessors (it should be noted that this Protocol is expected to be replaced at some point with the “Guidance for the instruction of experts to give evidence in Civil claims”). The attention of the parties is drawn to the specific requirements in relation to the terms of the expert’s declaration at the conclusion of the report. The provisions in Civil Procedure Rules Part 35 are concerned with the terms upon which the Technology and Construction Court may receive expert evidence. These provisions are principally applicable to independently instructed expert witnesses. In cases where a party is a professional or a professional has played a significant part in the subject matter of the action, opinion evidence will almost inevitably be included in the witness statements. Any points arising from such evidence (if they cannot be resolved by agreement) can be dealt with by the judge on an application or at the Pre-trial Review.

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  • Article Name: Nature Of Expert Evidence
  • Author: Sophia Russell
  • Description: Nature of expert evidence in relation to the Technology and Construction Court [rtbs [...]

This entry was last updated: March 26, 2020


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