EXPERT EVIDENCE: GETTING IT RIGHT Presentation to HICFG by Alistair Webster Q.C Elizabeth Nicholls.

Slides:



Advertisements
Similar presentations
Due Diligence for Directors Martin Elliott Kovnats Jeffrey Kyle Merk.
Advertisements

Audit Evidence Week 11.
Mark Radford, Partner, Colin Biggers & Paisley, Australia Conflicts of interest faced by reinsurance brokers and duties owed by producing and placing brokers.
4 th November 2013 EFFECTIVE PROSECUTIONS. Interviews and PACE – Code E Code E 4.5 CAUTION THE SUSPECT REMIND THEM OF THEIR ENTITLEMENT TO [FREE] LEGAL.
McALPINE INTERESTS Commercial Real Estate Office Leasing Commercial Properties Land Development Investment Counseling For additional information, contact:
© The McCoy Law Firm 2012 James McCoy The McCoy Law Firm Coit Rd., Ste. 560 Dallas, Texas (214)
COSTS AGREEMENTS AND DISCLOSURES BAR ASSOCIATION CPD SEMINAR 2 AUGUST 2007 By Roger Traves SC.
Experts & Expert Reports  Experts and the FRE  FRCP, Rule 26 and experts  How are experts used in patent litigation?  What belongs in a Rule 26 report?
Q UINCY COLLEGE Paralegal Studies Program Paralegal Studies Program Litigation and Procedure Discovery: Overview and Interrogatories Litigation and Procedure.
BELMONT UNIVERSITY AMERICAN INN OF COURT SEPTEMBER 9, 2014 PRESENTED BY KRISANN HODGES DEPUTY CHIEF DISCIPLINARY COUNSEL - LITIGATION BOARD OF PROFESSIONAL.
Common Trial Procedures United States. Opening Statements.
Discussion on SA-500 – AUDIT EVIDENCE
Q UINCY COLLEGE Paralegal Studies Program Paralegal Studies Program Interviewing & Investigation LAW-123 Introduction to Interviewing and Investigating.
All questions are true or false
Scott F. Johnson Maureen MacFarlane.  Attorneys have a myriad of ethical obligations  This presentation covers some of those obligations and considers.
The Roles of Judge and Jury Court controls legal rulings in the trial Court controls legal rulings in the trial Jury decides factual issues Jury decides.
1 EXPERT EVIDENCE The evidential value of the expert’s testimony will depend on the expertise of the expert. Reference should be made to the qualifications,
Expert Witnesses in Legal Proceedings: An overview of the role; the duties; and the rewards Alex Sandland LLB (Hons), Director, Dyne Solicitors Limited.
Good Appraisal Reports Stephen L. Ott, Ph.D. Appraisal, Compensation and Indemnity Specialist.
BIT-224 Audit Chapter-2 Muhammad Khurshid Khan. Auditing Standards GAAS—Generally accepted auditing standards ensure “uniformly high quality audit work”
2-1 McGraw-Hill/Irwin ©2002 by The McGraw-Hill Companies, Inc. All rights reserved. Chapter 2 Professional Standards: “The Rules of the Road”
Copyright  2003 McGraw-Hill Australia Pty Ltd PPTs t/a Auditing and Assurance Services in Australia by Gay & Simnett Slides prepared by Roger Simnett.
Purpose of the Standards
© 2012 Cengage Learning. The Principal–Broker Relationship: Agency Chapter 20.
DISPUTE RESOLUTION METHODS
EXPERT EVIDENCE UNDER THE NEW RULES OF CIVIL PROCEDURE ARTHUR ROBERT CAMPORESE Camporese Sullivan Di Gregorio.
©OnCourse Learning. All Rights Reserved.. The Principal–Broker Relationship: Agency ©OnCourse Learning. All Rights Reserved. Chapter 11.
2-1 McGraw-Hill/Irwin ©2005 by the McGraw-Hill Companies, Inc. All rights reserved. Chapter 2 Professional Standards Rules of the Road “All my growth and.
Please note that these slides provide a basic overview of the issues discussed within our presentation provided to CIPD members on 5 June If you.
Discovery III Expert Witness Disclosure And Discovery Motions & Sanctions.
Expert Witnesses Texas Rules of Evidence Article VII. Opinions and Expert Testimony Judge Sharen Wilson.
Pre-action Procedure for Financial Cases. Pre-action Procedure- Financial Cases  Rule 1.05(1)- each prospective party to the case must comply with the.
University of Miami Office of Research Compliance Assessment Lynn E. Smith, JD, CIM, CIP Johanna Stamates, RN, BA, CCRC With assistance from Elizabeth.
New rights for people complaining about adult social care providers – an introduction.
The Adversary System.  To provide a procedure for disputing parties to present and resolve their cases in as fair a manner as possible  Controlled by.
Legal Studies 3C.  People must be treated fairly  Right to be heard by an unbiased decision-maker  Know allegations made against you  Given a chance.
Mon. Nov. 26. Work Product “Privilege” A witness, X, who is friendly to the D was interviewed by P’s attorney and a statement was drawn up Is there any.
UC DAVIS OFFICE OF RESEARCH Overview of Good Clinical Practices (GCP) Investigator and Study Team Responsibilities Miles McFann IRB Administration Training.
1 A decade of revisions at UNCITRAL Special Course 6 – James Castello Lecture 3 Arbitration Academy PA R I S SUMMER COURSES
Disciplinary Procedures
Fool me twice… Shame on Me Metro Toronto Convention Centre February 2, 2010.
Advocacy and Legal Advice Centre - Internal procedures -
Welcome Managing concerns and complaints How should schools handle complaints? This session links to guidance from the DfE and local authorities, and looks.
Change Orders, Extras and Claims Presented by Geoffrey Cantello, City of Ottawa.
What is the court’s expectation of doctors? British Medical Association 17 November 2006.
AUDIT EVIDENCE AND FINANCIAL STATEMENT ASSERTIONS 1.
Buying and Selling Real Property CHAPTER THIRTY-ONE.
Help! I’ve been called to give evidence in Court…  The doctor’s survivor guide for preparing for and attending court Sofia Papachristos, Special Counsel,
Pre-action Procedure for Financial Cases
Kate Fairweather CMCAust Marketing QAC Assessor & IQA
Auditing & Investigations II
How to be an Expert Witness
Administration of a FIDIC Contract - Project Control
Auditing & Investigations II
Civil Pre-Trial Procedures
WHAT IS EVIDENCE TESTIMONY OF WITNESSES DOCUMENTS
Civil Pre-Trial Procedures
AFFIDAVIT.
LATIHAN MID SEMINAR AUDIT hiday.
The University of Adelaide, School of Computer Science
Compliance Matters May 2013 Webinar – Bon Avis.
Limited Scope Representation
EVIDENCE—BASES OF OPINION TESTIMONY BY EXPERTS
Function of the International Court of Justice (ICJ):
Trial before court of session
TIPS FOR IMPROVING THE EFFECTIVENESS OF YOUR DEPOSITIONS
EVIDENCE—BASES OF OPINION TESTIMONY BY EXPERTS
Civil Pretrial Practice
The Expert Valuation Witness and the Different Procedural Models in European Court Proceedings . Associate Prof. (Dr. hab. Magdalena Habdas.
Presentation transcript:

EXPERT EVIDENCE: GETTING IT RIGHT Presentation to HICFG by Alistair Webster Q.C Elizabeth Nicholls

WHAT IS EXPERT EVIDENCE? Evidence of OPINION not generally admissible. Exception where the subject matter is outside the normal area of experience and understanding of a layman.

FIELD OF EXPERTISE Is there a recognised field of specialist knowledge? To what degree is the knowledge base accepted as reliable? Does the matter in issue come within that recognised field

AN EXAMPLE: KNOTS Expert ready to say that by examining a range of knots, could say that the same person tied them.

Is there an accepted field of knowledge of knot comparisons? How can this be related to identity? Is there any means of scrutinising the opinion put forward?

NEED FOR RECOGNITION There must be sufficient recognised learning and / or data for expertise to be sufficiently established so as to be admissible.

VALUATION OF SMITH STREET

QUALIFICATIONS Should start out by setting out qualifications and expertise AND, unless it is obvious, setting out how it relates to the question to be addressed.

AN ESTATE AGENT

LIAM FOX Does he have formal qualifications? What is his experience? How many years in the area? What is his role at Foxys? What data can he draw on?

ASCERTAIN INSTRUCTIONS What is the basis of the valuation? Vacant possession? Forced sale? Freehold / leasehold? What assumptions to be made?

REASONING AND RESEARCH The basis for the opinion has to be established. Material relied upon needs to be identified and made available if appropriate. An opinion without reasoning which can be examined is valueless. An opinion without consideration of the individual case is valueless.

ADDRESS THE ISSUES Fox hasn’t got adequate instructions, therefore issue unclear. Hasn’t, in any event, stated the date of the valuation.

DEALING WITH THE OPPOSING EXPERT

HAS HE DONE WHAT HE SHOULD HAVE DONE? Expertise Instructions / identified the question Set out reasoning and data / literature Addressed the issue

AND FINALLY…… Expert’s duty to the Court. Need to set out expert’s declaration

EXPERT’S DECLARATION (Civil Cases) This Declaration should be inserted between the end of The Report and the Expert’s signature. For arbitration and tribunal proceedings you should use the appropriate declaration. 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; 11.1 my report will form the evidence to be given under oath or affirmation; 11.2 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; 11.3 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; 11.4 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; 11.5 I may be required to attend court to be cross-examined on my report by a cross-examiner assisted by an expert; 11.6 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 and I have complied with their requirements. 13 I have read the “Protocol for Instruction of Experts to give Evidence in Civil Claims” and confirm that my report has been prepared in accordance with its requirements. 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.

Criminal Proceedings I (Insert Full Name) DECLARE THAT: 1 I understand that my duty is to help the court to achieve the overriding objective by giving independent assistance by way of objective, unbiased opinion on matters within my expertise, both in preparing reports and giving oral evidence. I understand 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 with and will continue to comply with that 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: 11.1 my report will form the evidence to be given under oath or affirmation; 11.2 the court may at any stage direct a discussion to take place between experts; 11.3 the court may direct that, following a discussion between the experts, a statement should be prepared showing those issues which are agreed and those issues which are not agreed, together with the reasons; 11.4 I may be required to attend court to be cross-examined on my report by a cross-examiner assisted by an expert 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 33 of the Criminal Procedure rules and I have complied with its requirements. 13 I confirm that I have acted in accordance with the Code of Practice for Experts. 14 [For Experts instructed by the Prosecution only] I confirm that I have read guidance contained in a booklet known as Disclosure: Experts’ Evidence and Unused Material which details my role and documents my responsibilities, in relation to revelation as an expert witness. I have followed the guidance and recognise the continuing nature of my responsibilities of revelation. In accordance with my duties of revelation, as documented in the guidance booklet, I confirm that: 14.1 I have complied with my duties to record, retain and reveal material in accordance with the Criminal Procedure and Investigations Act 1996, as amended; 14.2 I have compiled an Index of all material. I will ensure that the Index is updated in the event I am provided with or generate additional material; 14.3 in the event my opinion changes on any material issue, I will inform the investigating officer, as soon as reasonably practicable and give reasons. STATEMENT OF TRUTH I confirm that the contents of this report are true to the best of my knowledge and belief and that I make this report knowing that, if it is tendered in evidence, I would be liable to prosecution if I have wilfully stated anything which I know to be false or that I do not believe to be true.

NEVER BE AFRAID TO CHECK OUT THE OPPOSITION