Extract from the Model Form:
"1. WHY A MODEL FORM?
1.1 The first version of the Model Form was introduced after some senior judges expressed concern at the length of many experts reports and at the tendency to mix matters of fact and opinion. These same concerns remain relevant today.
1.2 The Judicial Committee of the Academy has commented that the hallmarks of a good report include:-
1.2.1 a stand-alone, concise, user-friendly format, expressed in the first person singular by the person whose opinion has been given or who adopts as his own the opinion of others;
1.2.2 text which is arranged in short sentences and paragraphs;
1.2.3 judicious use of appendices;
1.2.4 matters of fact being kept separate from matters of opinion.
1.3 Conclusions should be given in the final section of the report before appendices. They should be cross referenced to the text which supports the Conclusions.
1.4 Each opinion expressed in the report must be the opinion of the writer whether it was formed by the writer or formed by others and adopted by the writer as his own.
1.5 The following must be identified separately and distinguished:-
1.5.1 facts which the writer is asked to assume;
1.5.2 facts which the writer observed for himself eg the results of experiments, investigations, etc, carried out by the writer himself;
1.5.3 facts which others, acting on behalf of the writer, observed, identifying the persons concerned;
1.5.4 opinions of others upon which the writer relies in forming his own opinion;
1.5.5 opinions of others which the writer accepts but upon which the writer cannot comment authoritatively.
1.6 The Model Form of report has been developed with these comments in mind and with the aim of assisting both experts and those instructing to address the relevant issues in the most direct way.
1.7 The model is intended as a guideline only. There may be valid reasons for departing from it and/or introducing additional sections, depending on the nature of the instructions and the dispute.
1.8 Since the Model Form was first published, new Civil and Criminal Procedure Rules have been introduced in England and Wales and other jurisdictions. These have largely taken into account the Model Form which was commended in Lord Woolf’s report “Access to Justice”. Users of the Model Form must always take care to comply with the requirements of the jurisdiction in which the report will be used." |
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