The Role Of The Expert Witness

A tribunal of fact, faced with a number of key factual or scientific issues, the ultimate or material issues upon which its final verdict or judgement will depend, will look to an expert to provide it with his/her opinion on those issues. However the expert is only entitled to give an opinion on matters which are:-

(a) within his/her particular area of expertise

(b) outside the general knowledge and understanding of the tribunal of fact.

In regard to the competence of the expert witness, it is for the tribunal to decide, and it is his/her expertise, skill, and experience which determines the witness�s competence, and not only his training and qualifications.

As soon as the parties who intend to attend before a tribunal (and tribunal in this sense is to be taken to include inter alia, a court, a committee, an inspector, an adjudicator, or an arbitrator,) become aware that a dispute on detailed questions will be inevitable, each party should appoint, at an early stage, the main expert on whom he or she intends to rely. Read More�