Expert evidence in civil proceedings / John Katz QC.

Includes bibliographical references and index.

Introduction -- Some judicial observations -- The rationale for admissibility of expert evidence -- Controlling expert evidence - seminal cases -- Expert evidence - when is it needed? -- Avoiding the dangers of expert evidence -- When expert evidence is necessary -- Code of Conduct and Section 26 of the Evidence Act -- Control of the expert evidence -- Selecting the expert -- Drafting of expert's evidence -- Limiting the evidence and witness exclusion orders -- Establishing compliance with the Code of Conduct -- The Common Knowledge rule -- The Ultimate Issue rule -- The "conclusions" of the expert -- The cogency and function of the expert evidence -- Comments on opposing expert -- Expert opinion evidence and general opinion evidence -- Admissibility - Burden of Proof and Bayes Theorem -- External expert reports of investigators -- Testing the expert pre-trial - due diligence -- Expert relying on underlying facts obtained under compulsion -- Cross-examination of expert -- Acceptance or rejection of tendered expert evidence: the judicial responsibility --"All evidence" provisions -- Is the Evidence Act 2006 a Code for the purposes of the expert evidence rules? -- The "Basis Rule" of admissibility of expert opinion evidence -- Is the proposed evidence of fact or expert evidence? -- Expert bias -- Failure to comply with the Code, Act and Rules -- "Ghost" or "Shadow" experts -- Expert shopping -- Witness briefs, privilege, drafts of statements and underlying documents -- Property in a witness -- Disclosure of confidential documents to expert -- Experts' joint report -- Concurrent expert evidence -- Court-appointed expert -- Order of evidence: fact and expert -- Death by numbers - the number of experts to be called -- Costs -- The Sally Clark case -- The duties owed by the expert

The High Court Rules 2016 state that an “expert witness has an overriding duty to assist the court impartially on relevant matters within the expert’s area of expertise”. Within those rules and the Evidence Act 2006 the parameters for expert evidence are set, supported by a body of constantly evolving case law. Expert Evidence in Civil Proceedings is a source work for civil litigators, civil litigation students, members of the judiciary and those who appear as expert witnesses. It offers a subject based analysis of issues arising from expert evidence being called in proceedings with each chapter standing alone as a complete discussion of a topic. The opening chapters of the book set the scene for expert evidence and its role in the courts with a short history of its origins in the Ikarian Reefer shipping case and discussion of the rationale, benefits and dangers of it being utilised. From there the text follows the life of a practitioner’s relationship with expert evidence, from the must-know limits and nature of expert evidence through to selecting and preparing an expert, settling expert briefs, managing bias and ensuring compliance with the Code of Conduct in practice. The closing chapters discuss costs and what remedies are available when expert evidence is proved wrong. Expert Evidence in Civil Proceedings captures the principles of expert evidence in a unique snapshot of the law with an eye on the avalanche of ongoing case law and developments. The text is a reference, a guide, and a tool for discussion and debate.