There are no formal rules with respect to advisory experts and the client and client’s counsel must rely on their own due diligence in vetting appropriate experts for each case. First, there is the advisory expert who is retained by the client or client’s counsel to assist in understanding technical aspects of the client’s case and, in this sense, plays an important role building or better substantiating a client’s affirmative case or defence. There are, in effect, two principal roles for experts. To qualify as an expert, one must possess sufficient knowledge and expertise, gained either by formal study or by experience in a specialised field. In common law jurisdictions, the fundamental purpose of experts and expert witnesses is to assist the client or the trier of fact (be it a judge, jury or arbitrator) to understand the technical issues at hand. The role of the party-appointed expert under the common law approach Use of experts in common law jurisdictions Construction Law International homepage » January 2019 For further inquiries, please email us at. Information on this website may not constitute the most up-to-date legal or other information. The information provided on this website does not, and is not intended to, constitute legal advice instead, all information, content, and materials available on this site are for general informational purposes only. The expert evidence is merely there to aid the judge in times of uncertainties. After all is said and done, the court must still come to a decision based on his own judgment and findings. Must the court accept the expert opinion at all? The reasoning gave as to why it prefers one expert opinion over the other is logical and sound.The court is able to give its reasons as to why it prefers one expert opinion over the other. The court has no obligations to side with any expert and is free to choose which opinion is to be preferred to that of another, as long as: In Dato Mokhtar Hashim & Anor v Public Prosecutor, the court held an expert opinion still counts even though he might not have the necessary qualifications or formal training, provided that he can satisfy the court he has the relevant expertise in his particular field through the experience he gained from the work he has done. What about academic qualifications?Īcademic qualification, while it is a means to an end, is not everything. It must be noted that the rules above do not apply to gazetted experts. Once that is out of the way, he can then proceed to describe the matter that was examined by him and.He should then state that he has given evidence as an expert in such cases and that his evidence has been accepted by the Courts.The expert should first state his qualifications as an expert.In fact, there are certain rules that a person (or expert) needs to observe before giving evidence in court. Such persons are called experts.” Can anyone and everyone give expert evidence in court? “When the court has to form an opinion upon a point of foreign law or of science or art, or as to identity or genuineness of handwriting or finger impressions, the opinions upon that point of persons specially skilled in that foreign law, science or art, or in questions as to identity or genuineness of handwriting or finger impressions, are relevant facts. The legislation governing this topicĮvidence Act. It is therefore prudent to call upon an expert to give his/her opinion before arriving to a safe conclusion.īelow is a quick guide on the topic of expert evidence. Why is there a need for an expert to weight into matters? The answer is simply this: while it is true that a judge who sits alone is entitled to weigh all the evidence and to derive to a conclusion based on his findings, sometimes a judge (through no fault of his own) might not have the necessary expertise in certain fields to make a sound judgment on a matter. In could include areas of expertise such as medical science, cyber-security issues, foreign laws, etc. These are evidence given by individuals who professed to be an expert in a particular field in relation to matters or knowledge that the court is lacking when they are determining a case.
0 Comments
Leave a Reply. |
Details
AuthorWrite something about yourself. No need to be fancy, just an overview. ArchivesCategories |