By Paul Marsden
An introductory textual content for tertiary scholars learning the dimension of establishing works
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The overriding duty is simply to the court. 48 While there can be no doubt from the guidance note from the court, and generally as mentioned above, that the primary duty of the expert witness is to the court, that is certainly not his only duty. This is where the shades of grey begin to appear. The expert witness, in addition to his duty to the court, retains a duty to the party instructing him, both to carry out his investigations properly and thoroughly but also, where appropriate, to advise that party on the preparation and presentation of its case.
48 49 Introduction 19 hearing can be incredibly difficult to uncover. This is not least because the expert’s opinion must be based on the facts of the case before him. As a case develops so clarity and precision is brought to the factual analysis. That additional clarity could substantially change the merits of the case from the expert’s perspective. Where the developing factual situation matches early advice given by the expert witness on what he would need to support a particular position,52 the distinction begins to blur.
This requirement in fact dates back to the very first adoption of expert evidence and explanation of what it was which has been set out in Chapter 1. 10 This principle is not covered by the Ikarian Reefer. This is a development of the Woolf reforms to Civil Procedure and is reflected in CPR 35. 1 from the Ikarian Reefer. 12 This closely matches Principle No. 3 from the Ikarian Reefer. 13 This matches Principle No. 4 from the Ikarian Reefer. 14 This closely matches Principle No. 5 from the Ikarian Reefer.
Basic Building Measurement by Paul Marsden