Expert witnesses are often called upon to provide their opinions on technical and complex issues in legal proceedings. The impartiality of expert witnesses is critical to ensure that their opinions are objective and unbiased. Impartiality is especially important because expert witnesses can have a significant impact on the outcome of a case. This article will explore the impartiality of expert witnesses and the relevant case law.
The impartiality of expert witnesses is required by law. In the UK, expert witnesses are subject to the Civil Procedure Rules (CPR), which set out the requirements for expert evidence. Part 35 of the CPR requires that expert witnesses must provide independent and impartial evidence. Rule 35.3(2) provides that an expert’s duty is to the court and not to the party that instructs them.
The courts have repeatedly emphasized the importance of expert witness impartiality. In National Justice Compania Naviera SA v Prudential Assurance Co Ltd [1993] 2 Lloyd’s Rep 64 , the court held that an expert witness must be impartial and cannot be a partisan advocate. The court went on to state that an expert witness must provide their opinion honestly and without bias.
In Axa Insurance UK Plc v Financial Claims Solutions Ltd [2018] EWCA Civ 1330, the Court of Appeal emphasized the importance of expert witness impartiality. The court held that expert witnesses must be independent and must provide their opinion objectively. The court went on to state that expert witnesses must not be influenced by the party who instructs them, and they must provide an objective opinion based on the facts of the case.
The court also has the power to strike out expert evidence that is not impartial. In Harrison v Shepherd Homes Ltd [2011] EWHC 1811 (TCC) , the court held that expert evidence should be struck out if the expert witness is biased or has a vested interest in the outcome of the case. The court also held that an expert witness must disclose any potential conflict of interest.
In light of the importance of expert witness impartiality, the courts have taken steps to ensure that expert evidence is reliable and unbiased. The CPR requires that expert witnesses provide a written report setting out their opinion, the basis for their opinion, and the facts and assumptions on which it is based. The court also has the power to control the evidence provided by expert witnesses, including limiting the number of expert witnesses and setting a timetable for the submission of expert reports.
Docket Live:
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