What is an expert witness?
An expert witness is someone who makes his/her knowledge and experience available to the court. He can be appointed by one of the parties or act as a single joint expert. Either way his first duty is to the court.
The expert must be a real person, ie. not a company. He can be and indeed often is a member of a firm’s staff . He is permitted to seek guidance from colleagues on specialist matters. However, he must declare such assistance or any other technical research, the findings of which he has relied upon. This reliance must only form part of the expert’s overall report, otherwise he should pass the expert witness role (subject to agreement of all relevant parties) and the provision of the report to the person with the greater input.
Duties of an expert witness
- The primary duty of any expert witness is to the court.
- An expert witness must deliver an honest opinion on all relevant matters on which he is required to opine.
- An expert witness has a duty of care to his client but must not allow himself to be influenced by pressure from the client.
- An expert witness’ duties include advising of any conclusions which might be contrary to the views held by the client.
- Under no circumstances can the expert witness accept any remuneration conditional upon the outcome of a case.
- An expert witness must be prepared to meet any expert appointed by the other party in order to agree matters on which they are in agreement.
- The duties and responsibilities of an expert are the same whether they are given orally in a court of law or in the form of a written report. Expert testimony and reports must include a declaration stating that all relevant matters have been covered and that the expert has given his technical reasoning and honest opinion to such matters.
Requirements of an expert witness
An expert witness must appear in court or at arbitral hearings, as required, to give an expert opinion. His manner should be assertive but not deliberately confrontational. He must be sure of his facts and have the ability to defend them under cross-examination.
It is essential that he is able to explain his findings in a clear and easily understood manner, displaying a full understanding of the matter and confidence in the conclusions reached. Reports must be of a high quality with a clarity that can be readily understood by the layman, whether or not the reports are to subsequently form part of a court hearing. They should cover all relevant points concisely without any surplus or irrelevant information.
Information must be delivered in a logical manner to the reader or those sitting in judgement. It must be apparent that all matters under review are well understood. It must also be obvious that the opinions expressed are sound, having been reached as result of a thorough investigation of each of the relevant points both individually and as a whole. Whenever necessary, written text must be supported by explanatory charts or photographs.
The Report must include information detailing how decisions were reached and what were the primary influencing factors. Documents researched, technical papers and any other relevant third party publications need to be noted. As does any conversations with acknowledged expertise in a particular area under consideration.
Records of all correspondence with any other expert should be detailed and dated. As should correspondence with the instructing client. Telephone calls must be recorded with detail of time and matters discussed.
It is essential that the Report includes a Declaration of Truth and Compliance, in which the Expert confirms that he has covered all relevant matters to the best of his ability.
There is a basic requirement that all matters relating to an expert’s approach to serving as an Expert comply with the stricture of Part 35 of the Civil Procedures Rules.
All McMillan Associates reports, whether for presentation at court or simply to be treated as expert opinion in a dispute not intended to reach the courts, follow the Part 35 methodology.
A Highly Experienced Expert Witness
Keith’s career has taken him from the construction site(s) to the board room, adding business acumen to his technical qualifications. His sphere of knowledge encompasses most areas of construction, infrastructure and associated industries, allowing him to take a pragmatic view of matters in dispute. As he has proven, Keith is at ease leading a group of international experts as he is supervising a construction site or heading a major commercial department.
It is this breadth of experience that provides him with the knowledge and understanding of the complexities and pressures of the wide construction industry which all too often leads to disputes. This basic understanding of the work place and senior management gives him the authority to serve as an outstanding expert witness.
He is clear thinking, objective and always willing to undertake forensic research in order to develop a true understanding of the facts and the background to the dispute. Clients can rest assured that the full merits of their position will be presented in a strong unswerving manner.
Keith is a registered Expert Witness.
Where the dispute features very technical or specialist matters, McMillan Associates is able to put forward experts of similar standing, with the requisite specialist knowledge. If this is not possible McMillan Associates will defer the case to others more qualified to opine on the subject matter.