Attention deficit hyperactivity disorder, dyslexia and litigation capacity Attention deficit hyperactivity disorder, dyslexia and litigation capacity

Attention deficit hyperactivity disorder, dyslexia and litigation capacity

In short, the case illustrates a very common situation in which, on the basis of what is often an appropriately diagnosed psychological condition or...
Rajan Marwaha v Director of Border Revenue & Anor Revenue & Anor Rajan Marwaha v Director of Border Revenue & Anor Revenue & Anor

Rajan Marwaha v Director of Border Revenue & Anor Revenue & Anor

The Claimant claimed he had suffered a substantial loss due to the destruction of two consignments of poppy heads by the Defendants. The parties were...
Medical evidence and clearance for a dependent elderly relative to enter the UK Medical evidence and clearance for a dependent elderly relative to enter the UK

Medical evidence and clearance for a dependent elderly relative to enter the UK

If, which is not clear, medical evidence that assists in the application of the adult dependent relative provisions as to entrance clearance for...
Update to Legal Aid Agency Guidance on the Remuneration of Expert Witnesses Update to Legal Aid Agency Guidance on the Remuneration of Expert Witnesses

Update to Legal Aid Agency Guidance on the Remuneration of Expert Witnesses

The Legal Aid Agency ('LAA') have updated their Guidance on the Remuneration of Expert Witnesses.

Check out our Case Updates and Member Magazine

Looking for more news relevant to the Expert Witness community? Why not check out our database of cases relevant to Expert Evidence or the latest and previous editions of our member magazine, Expert Matters.

News

Clicking on one of the topics below will display news items relevant to that topic. You can also use the search bar below to identify news items.

Commissioning a report from a third party expert on one of the issues the Expert Witness has been instructed to consider
Simon Berney-Edwards 1468

Commissioning a report from a third party expert on one of the issues the Expert Witness has been instructed to consider

bySimon Berney-Edwards

Question: 

Is it acceptable for an Expert Witness to commission a report from a third party expert on one of the issues the Expert Witness has been instructed on and then use the third party expert opinion in their report?

 

Answer:

If there is a particular aspect of a matter which is outside your own expertise but needs to be addressed, particularly if it needs to be addressed before you can form a proper view on the matters within your expertise, you should flag this to the instructing solicitor and get them to procure a report from the other expert or to instruct you jointly.  You should contact them to explain what is needed and why. At the same time, you could suggest an expert who could provide that expertise; however, it is for the Instructing Party to make the appointment. If that opinion is crucial to your own opinion, you should then wait to see what the solicitors state before preparing their draft report on inadequate evidence.

 

Don’t forget that in court proceedings (and sometimes also in arbitration) the instructions to the expert must be disclosed to the opposing party. There is no orderly way of achieving this if the expert goes off on their own to instruct another expert.

 

Where an addition report is being relied on, you could consider appending the other experts report to yours and explain within your report that you are relying on xx report in relation to a specific area.

 

This does not apply, of course, to the commonplace situation in which the expert gets a team acting under their supervision to undertake tests or carry out research. In that scenario the position should be spelled out in the report and in an ideal world the members of the team identified somewhere, even in an annexe.

 

Share

Print
Comments are only visible to subscribers.