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Expert Witness Training

Mediation Training

Training in Hong Kong

On 1st October 2009 the 50th update to CPR came into effect..

Certain changes affect Experts - in Part 35 and the Practice Direction to accompany Part 35. Most of the changes are stylistic, attempting to be gender neutral and making for easier reading. Generally this has been successful.

Additionally and more importantly there are some actual changes which have been introduced. Overall the alterations are very much in line with Academy thinking about high standards. Although, inevitably it seems, some of the changes will need clarification or are not quite what we should have expected, we welcome CPR catching up with what we consider good practice.

The Academy has prepared a short briefing note as an easy guide to highlight material changes (rather than for example, gender references). The note is not intended to be the definitive statement on P35 and is no substitute for you reading the rules and ensuring that you keep up to date.

The overall changes are important in that they are a combination of rationalisation and tidying. They should not cause Academy members or any well informed reputable expert any problems as they reflect a combination of Academy Best Practice.

However they will require slight but important changes to the Expert's Declaration in the Report. Declarations for Civil, Criminal and other jursdictions are available [click here].  

For an in-depth look at the CPR as a whole and the changes as they affect Experts as well as Criminal, Family and other Rules The Academy runs a one day course - Procedure Rules for Experts.

Expert's Declaration
From 1st October 2009

I [Insert Full Name] DECLARE THAT:

1. I understand that my duty in providing written reports and giving evidence is to help the Court, and that this duty overrides any obligation to the party by whom I am engaged or the person who has paid or is liable to pay me. I confirm that I have complied and will continue to comply with my duty.

2. I confirm that I have not entered into any arrangement where the amount or payment of my fees is in any way dependent on the outcome of the case.

3. I know of no conflict of interest of any kind, other than any which I have disclosed in my report.

4. I do not consider that any interest which I have disclosed affects my suitability as an expert witness on any issues on which I have given evidence.

5. I will advise the party by whom I am instructed if, between the date of my report and the trial, there is any change in circumstances which affect my answers to points 3 and 4 above.

6. I have shown the sources of all information I have used.

7. I have exercised reasonable care and skill in order to be accurate and complete in preparing this report.

8. I have endeavoured to include in my report those matters, of which I have knowledge or of which I have been made aware, that might adversely affect the validity of my opinion. I have clearly stated any qualifications to my opinion.

9. I have not, without forming an independent view, included or excluded anything which has been suggested to me by others, including my instructing lawyers.

10. I will notify those instructing me immediately and confirm in writing if, for any reason, my existing report requires any correction or qualification.

11. I understand that;

    1. my report will form the evidence to be given under oath or affirmation;

    2. questions may be put to me in writing for the purposes of clarifying my report and that my answers shall be treated as part of my report and covered by my statement of truth;

    3. the court may at any stage direct a discussion to take place between experts for the purpose of identifying and discussing the expert issues in the proceedings, where possible reaching an agreed opinion on those issues and identifying what action, if any, may be taken to resolve any of the outstanding issues between the parties;

    4. the court may direct that following a discussion between the experts that a statement should be prepared showing those issues which are agreed, and those issues which are not agreed, together with a summary of the reasons for disagreeing;

    5. I may be required to attend court to be cross-examined on my report by a cross-examiner assisted by an expert;

    6. I am likely to be the subject of public adverse criticism by the judge if the Court concludes that I have not taken reasonable care in trying to meet the standards set out above.

12. I have read Part 35 of the Civil Procedure Rules and the accompanying practice direction including the “Protocol for Instruction of Experts to give Evidence in Civil Claims” and I have complied with their requirements.
    

13. I am aware of the practice direction on pre-action conduct. I have acted in accordance with the Code of Practice for Experts.
    

Statement of Truth

I confirm that I have made clear which facts and matters 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.