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Admissib ilityRestricti on
The court can, at it's discretion:Declare whether expert evidence is allowed at allLimit the number of experts usedPreclude oral evidence in favour of solely written reportsDirect the parties to use a single joint expertLimit the amount of expert fees that a party can seek to recover?Contents
An expert is a person who has been instructed to give expert evidence for proceedings (r.35.2) An expert's opinion on a relevant matter on which he is qualified to give evidence is admissible (s.3(1) CEA) ? apply O5.1, O4 and IB5.5 (solicitor mustn't mislead court with untrue evidence) An expert cannot be instructed under a CFA (i) It must be relevant and within the expertise of the expert (ii) Must be presented to court in the correct format (r.35 and PD 35) (iii) Permission was given by the court (r.35.4) which will limit to the evidence reasonable to resolve proceedings (r.35.1) Conflict does not automatically disqualify the expert (Toth), but it must be disclosed ASAP
r.35.3: the expert's duty is to help the court not the instructing party Where there is reference to the Protocol, see the tabbed sheet for more detail r.35.10: is must comply with PD 35 (Note; see separate sheet for more detail on Protocol): o Para 3.1: addressed to the court not the instructing party o Para 3.2: it must (1) Give details of the expert's qualifications (Protocol 13.6) (2) Give details of literature or other material which has been relied upon in making the report (Protocol 13.8) (3) Contain a statement setting out the substance of facts and instructions (Protocol 13.15) (4) Make clear what is within the expert's knowledge and what is the expert's opinion (Protocol 13.9, 13.10 and 13.11) (5) Say who carried out any experiment that the expert has used for the report, their qualifications and methodology used (Protocol
13.7(a) and (b)) (6) Where there is a range of opinion: (a) Summarise the range of opinion and qualifications (Protocol
13.12) (b) Give reasons for the expert's own opinion (Protocol 13.13) (7) Contain a summary of the conclusions reached (Protocol 13.14) (8) State the qualification of an opinion (9) Contain a statement that the expert: (a) Understands and has complied with their duty to the court (b) Aware of requirements of Part 35, PD and protocol of expert evidencePara 3.3: must contain a statement of truth in the following form: "I confirm that I have made clear which facts and matter referred to in this report are within my own knowledge and which are not. Those that are within my own knowledge I confirm to be true. The opinions I have expressed represent my true and complete professional opinions on the matters to which they refer"
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