Outline of service as Expert Witness in Common Law
In his role as an expert witness, Sir Larry’s primary function is to express his independent expert opinion based on the information that is provided. Sir Larry offers his services in various scenarios for example at arbitrations, tribunals, and litigation.
He will give sworn evidence to a tribunal or court of law in either evidence-based facts or opinion evidence within his expertise.
Sir Larry’s knowledge and experience of Common Law extends well past that of a layman. His duty is to give to the Court or tribunal an impartial opinion on particular aspects of matters within this area of expertise which are in dispute.
An outline of the duties as Expert Witness
- Provide an independent expert opinion in the area of Common Law in accordance with the instructions given. These instructions will be shown in the Expert Witness’s Report which will be seen by the other side and the Court.
- Provide the opinion in the form of a report and/or evidence before a Court (or other tribunal) as required. The report is required as it is not usually possible for the Expert to give evidence without it.
- Ensure the Expert’s Report provided to you contains the information required by the Court Rules. If you proceed you will have to give a copy of the report to the other side in the dispute. At that time a copy of the other side’s Expert’s Report will be given to you.
- Comply with the specific procedure rules applicable and any Court or tribunal Orders in the case.
- Provide truthful, impartial and independent opinions whether or not these opinions favour your case.
- As an expert witness, Sir Larry has an overriding duty to the Court (or other tribunal). This duty supersedes any duty owed to you even though you are still responsible for paying the expert’s fees.
- The Court expects an expert witness to be independent and impartial and will discount the evidence of one who is or is seen to be partisan.
An Expert Witness, the following items will not be provided:
- Acting as your advocate and argue your case, nor will he find evidence or suggest what your case should consist of. It is for you or your legal representatives to advocate your case.
- Provide any opinion beyond the specific area of expertise – Common Law.
- Provide advice.
- Accept any appointment which involves a conflict of interest (unless resolvable by disclosure).
- Accept any appointment on terms that are conditional on the outcome of the case. Examples of these are success fees or conditional fee arrangements (any form of payment linked to the results of the Case). Conditional terms are incompatible with an expert being seen to be independent.
- Act as a negotiator.
You must (yourself or through your legal representatives)
- Agree contractual terms with Sir Larry, in his capacity as the Expert Witness, in writing before the work is started. These will include terms of payment.
- Provide detailed instructions.
- Keep Sir Larry informed of developments in the case and of all key dates in good time.