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Presentation Of Expert Evidence

Presentation of Expert Evidence in relation to the Technology and Construction Court

The purpose of expert evidence is to assist the Technology and Construction Court on matters of a technical or scientific nature. Particularly in large and complex cases where the evidence has developed through a number of experts’ joint statements and reports, it is often helpful for the expert at the commencement of his or her evidence to provide the Technology and Construction Court with a summary of their views on the main issues. This can be done orally or by way of a PowerPoint or similar presentation. The purpose is not to introduce new evidence but to explain the existing evidence. The way in which expert evidence is given is a matter to be considered at the Pre-trial Review. However where there are a number of experts of different disciplines the Technology and Construction Court will consider the best way for the expert evidence to be given. It is now quite usual for all expert evidence to follow the completion of the witness evidence from all parties. At that stage there are a number of possible ways of presenting evidence including: • For one party to call all its expert evidence, followed by each party calling all of its expert evidence. • For one party to call its expert in a particular discipline, followed by the other parties calling their experts in that discipline. This process would then be repeated for the experts of all disciplines. • For one party to call its expert or experts to deal with a particular issue, followed by the other parties calling their expert or experts to deal with that issues. This process would then be repeated for all the expert issues. • For the experts for all parties to be called to give concurrent evidence, colloquially referred to as “hot-tubbing”. When this method is adopted there is generally a need for experts to be cross-examined on general matters and key issues before they are invited to give evidence concurrently on particular issues. Procedures vary but, for instance, a party may ask its expert to explain his or her view on an issue, then ask the other party’s expert for his or her view on that issue and then return to that party’s expert for a comment on that view. Alternatively, or in addition, questions may be asked by the judge or the experts themselves may each ask the other questions. The process is often most useful where there are a large number of items to be dealt with and the procedure allows the Technology and Construction Court to have the evidence on each item dealt with on the same occasion rather than having the evidence divided with the inability to have each expert’s views expressed clearly. Frequently, it allows the extent of agreement and reason for disagreement to be seen more clearly. The giving of concurrent evidence may be consented to by the parties and the judge will consider whether, in the absence of consent, any modification is required to the procedure for giving concurrent evidence set out in the Civil Procedure Rules (at PD35, paragraph 11).



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(2020, 06). Presentation Of Expert Evidence lawi.org.uk Retrieved 10, 2021, from https://lawi.org.uk/presentation-of-expert-evidence/

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Willow Wright, 'Presentation Of Expert Evidence' (lawi.org.uk 2020) <https://lawi.org.uk/presentation-of-expert-evidence/> accesed 2021 October 16

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  • Article Name: Presentation Of Expert Evidence
  • Author: Willow Wright
  • Description: Presentation of Expert Evidence in relation to the Technology and Construction Court [rtbs [...]

This entry was last updated: June 16, 2020

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