Expert witness

[Charlie1986]

Im currently going through a court case and before anybody says my lawyer and Barrister have been asked im just waiting on them coming back to me but im putting out the Ph legal bods.

Can a Expert witness called in a case be the defendant? As both EW are the defendants in my case Can w ask for the judge when he is giving his directions to throw out there defence?

[Cooperman]

My son, who is a well qualified degree level automotive & mechanical engineer, was involved in a court case when his insurance company sued another driver who denied liability for running into my son. The recorder agreed that he was, indeed, qualified to act as an EW and to give evidence on behalf of the plaintiff - his insurer. He won easily and his insurer was awarded damages and he was awarded costs as an EW and as a co-plaintiff (I think that was the expression used). He kept his NCD and the insurance company barrister thanked him for his help and for giving evidence as an EW as it made her job so much easier.

[lostmotel]

A person appointed as an expert has an overriding duty to the court that overrides their duty to the party instructing them. If there is a suspicion of lack of independence in their evidence that could be grounds to challenge their appointment as an expert. But it is not an automatic bar, rather a matter of fact and degree. I may be out of date but I think the case is Armchair Passenger Transport where the principles to be followed are set out.

[anonymous-user]

Charlie1986 said:

Can a Expert witness called in a case be the defendant? As both EW are the defendants in my case Can w ask for the judge when he is giving his directions to throw out there defence?

Strictly, no: expert witnesses are supposed to be independent of the parties and there to assist the court.

However, in a v small case where the cost of an expert may be disproportionate, you might find some flexibility. Or in a case where the issues are technical and both sides are steeped in that field you can find the court allowing both of them to be their own experts.

But if your case isn't one of those two, then the answer should remain "no". The remedy is not to throw the defence out though. It is to exclude the parts of the defendant's evidence which should properly be given by an expert, and require the defendant to go get a proper expert. And to allow you to do so as well.

The Judge should have already given directions though, if you've been served with expert evidence. So the onus would be on you to go back to court to get the offending evidence struck out.

[Charlie1986]

Greg66 said:

Strictly, no: expert witnesses are supposed to be independent of the parties and there to assist the court.

However, in a v small case where the cost of an expert may be disproportionate, you might find some flexibility. Or in a case where the issues are technical and both sides are steeped in that field you can find the court allowing both of them to be their own experts.

But if your case isn't one of those two, then the answer should remain "no". The remedy is not to throw the defence out though. It is to exclude the parts of the defendant's evidence which should properly be given by an expert, and require the defendant to go get a proper expert. And to allow you to do so as well.

The Judge should have already given directions though, if you've been served with expert evidence. So the onus would be on you to go back to court to get the offending evidence struck out.

Ive just had a call from my Barrister and Solicitor the Judge has excluded there evidence on the basis that it would be more personal rather than professional views,

im not really in the know of the size of it all in legal terms. I know it got passed up by a county court/Magistrate and is now at the high court in London and its taking 5 years to get to where we are.