Expert witness - Revision history

Designing Buildings at 08:50, 4 November 2020

2020-11-04T08:50:03Z

← Older revision		Revision as of 08:50, 4 November 2020
Line 53:		Line 53:
	* Insurance claims.		* Insurance claims.

−	~~= Find out more =~~	+	= Related articles on Designing Buildings Wiki. =
−		+
−	=== Related articles on Designing Buildings Wiki. ===	+

	* Adjudication.		* Adjudication.
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	* Mediation.		* Mediation.

−	=== External references ===	+	= External references =

	* [http://www.justice.gov.uk/courts/procedure-rules/civil/contents/form_section_images/practice_directions/pd35_pdf_eps/pd35_prot.pdf Protocol for the Instruction of Experts to give Evidence in Civil Claims Publication].		* [http://www.justice.gov.uk/courts/procedure-rules/civil/contents/form_section_images/practice_directions/pd35_pdf_eps/pd35_prot.pdf Protocol for the Instruction of Experts to give Evidence in Civil Claims Publication].
Line 78:		Line 76:
	* [https://www.theexpertinstitute.com/ The Expert Institute].		* [https://www.theexpertinstitute.com/ The Expert Institute].

−	[[Category:Roles_/_services]]	+	[[Category:DCN_Definition]] [[Category:DCN_Guidance]] [[Category:DCN_Person]] [[Category:Roles_/_services]]

Designing Buildings at 08:57, 12 October 2017

2017-10-12T08:57:52Z

← Older revision		Revision as of 08:57, 12 October 2017
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	* Construction disputes.		* Construction disputes.
	* Delays on construction projects.		* Delays on construction projects.
		+	* Dispute resolution.
	* Dispute resolution board.		* Dispute resolution board.
	* Expert determination.		* Expert determination.

Editor at 16:16, 22 June 2017

2017-06-22T16:16:45Z

← Older revision		Revision as of 16:16, 22 June 2017
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	= Introduction =		= Introduction =

−	An expert witness (EW) is an expert who uses their knowledge, training and experience in a specific area to help assist courts and other bodies to understand issues in legal cases so that they reach a sound and just decision. Expert witnesses are typically required in situations where an evaluation of the issues requires technical or scientific knowledge that only an expert in that field is likely to have, such as in cases relating to; loss of earnings, insurance claims, severe injuries, degree of sanity, environmental issues, intellectual property and so on.	+	An expert witness (EW) is an expert who uses their knowledge, training and experience in a specific area to help assist courts and other bodies to understand issues in legal cases so that they reach a sound and just decision.
		+
		+	Expert witnesses are typically required in situations where an evaluation of the issues requires technical or scientific knowledge that only an expert in that field is likely to have, such as in cases relating to; loss of earnings, insurance claims, severe injuries, degree of sanity, environmental issues, intellectual property and so on.

	Expert witnesses may have a variety of roles, including:		Expert witnesses may have a variety of roles, including:
Line 34:		Line 36:
	= Construction =		= Construction =

−	The construction industry involves long-term transactions with a high degree of uncertainty and complexity, and it is impossible to resolve every detail and foresee every contingency at the outset. As a result, there are frequent disputes, claims, court proceedings and alternative dispute resolution proceedings. In 2013, the National Construction Contracts and Law Survey, found that 30% of firms had been involved in at least one dispute in the previous 12 months.	+	The construction industry involves long-term transactions with a high degree of uncertainty and complexity, and it is impossible to resolve every detail and foresee every contingency at the outset. As a result, there are frequent disputes, claims, court proceedings and alternative dispute resolution proceedings.
		+
		+	In 2013, the National Construction Contracts and Law Survey, found that 30% of firms had been involved in at least one dispute in the previous 12 months.

	This means that those involved in the construction industry may require the services of expert witnesses, or where they have particular expertise themselves, may offer services as an expert witness.		This means that those involved in the construction industry may require the services of expert witnesses, or where they have particular expertise themselves, may offer services as an expert witness.
Line 63:		Line 67:
	* Dispute resolution board.		* Dispute resolution board.
	* Expert determination.		* Expert determination.
		+	* Expert evaluation.
	* International research into the causes of delays on construction projects.		* International research into the causes of delays on construction projects.
	* Mediation.		* Mediation.

Editor at 16:57, 29 October 2016

2016-10-29T16:57:56Z

← Older revision		Revision as of 16:57, 29 October 2016
Line 62:		Line 62:
	* Delays on construction projects.		* Delays on construction projects.
	* Dispute resolution board.		* Dispute resolution board.
		+	* Expert determination.
	* International research into the causes of delays on construction projects.		* International research into the causes of delays on construction projects.
	* Mediation.		* Mediation.

Editor at 13:57, 14 September 2016

2016-09-14T13:57:18Z

← Older revision		Revision as of 13:57, 14 September 2016
Line 57:		Line 57:
	* Alternative dispute resolution legislation.		* Alternative dispute resolution legislation.
	* Arbitration.		* Arbitration.
		+	* Civil procedure rules.
	* Contract claims.		* Contract claims.
	* Construction disputes.		* Construction disputes.

Designing Buildings at 09:18, 1 July 2016

2016-07-01T09:18:00Z

← Older revision		Revision as of 09:18, 1 July 2016
Line 1:		Line 1:
−
	= Introduction =		= Introduction =

Line 5:		Line 4:

	Expert witnesses may have a variety of roles, including:		Expert witnesses may have a variety of roles, including:
−	*Acting as an expert advisor where advice is provided but the expert’s opinion is not put before the court.	+
−	*Acting as a shadow expert where the advisor works ‘behind the scenes’ in a court claim.	+	* Acting as an expert advisor where advice is provided but the expert’s opinion is not put before the court.
−	*Acting as an expert witness proper or party-appointed expert when the expert is contracted by one party with the aim of providing an opinion to the court.	+	* Acting as a shadow expert where the advisor works ‘behind the scenes’ in a court claim.
−	*Acting as a single joint expert where the expert is instructed by all parties involved.	+	* Acting as an expert witness proper or party-appointed expert when the expert is contracted by one party with the aim of providing an opinion to the court.
−	*Acting as a lead expert when a complex claim requires multiple experts.	+	* Acting as a single joint expert where the expert is instructed by all parties involved.
−	*Acting as an assessor, introduced by the Civil Procedure Rules and appointed by the court as an expert.	+	* Acting as a lead expert when a complex claim requires multiple experts.
		+	* Acting as an assessor, introduced by the Civil Procedure Rules and appointed by the court as an expert.

	The opinions provided by the expert witnesses are described as ‘expert evidence’ and will often include; factual evidence, explanation of any technical terms or topics, and opinions based on the facts of the case.		The opinions provided by the expert witnesses are described as ‘expert evidence’ and will often include; factual evidence, explanation of any technical terms or topics, and opinions based on the facts of the case.
Line 19:		Line 19:

	They should have:		They should have:
−	*A detailed knowledge and experience of the subject matter.	+
−	*Good analytical reasoning capabilities.	+	* A detailed knowledge and experience of the subject matter.
−	*Good communication skills.	+	* Good analytical reasoning capabilities.
−	*Capability of adapting to new evidence.	+	* Good communication skills.
−	*The ability to think clearly during cross-examinations.	+	* Capability of adapting to new evidence.
−	*A confident manner, especially during court appearances.	+	* The ability to think clearly during cross-examinations.
−	*Good understanding of the variety of dispute resolution procedures.	+	* A confident manner, especially during court appearances.
		+	* Good understanding of the variety of dispute resolution procedures.

	= Guidance =		= Guidance =
Line 33:		Line 34:
	= Construction =		= Construction =

−	The construction industry involves long-term transactions with a high degree of uncertainty and complexity, and it is impossible to resolve every detail and foresee every contingency at the outset. As a result, there are frequent disputes, claims, court proceedings and alternative dispute resolution proceedings. In 2013, the ~~[http://www.thenbs.com/pdfs/NBS-NationlC&LReport2013-single.pdf~~ National Construction Contracts and Law Survey], found that 30% of firms had been involved in at least one dispute in the previous 12 months.	+	The construction industry involves long-term transactions with a high degree of uncertainty and complexity, and it is impossible to resolve every detail and foresee every contingency at the outset. As a result, there are frequent disputes, claims, court proceedings and alternative dispute resolution proceedings. In 2013, the National Construction Contracts and Law Survey, found that 30% of firms had been involved in at least one dispute in the previous 12 months.

	This means that those involved in the construction industry may require the services of expert witnesses, or where they have particular expertise themselves, may offer services as an expert witness.		This means that those involved in the construction industry may require the services of expert witnesses, or where they have particular expertise themselves, may offer services as an expert witness.

	Typical cases include:		Typical cases include:
−	*Compulsory purchase orders.	+
−	*Contractual disputes.	+	* Compulsory purchase orders.
−	*Planning permissions.	+	* Contractual disputes.
−	*Construction defects.	+	* Planning permissions.
−	*Design defects.	+	* Construction defects.
−	*Professional negligence.	+	* Design defects.
−	*Valuations.	+	* Professional negligence.
−	*Insurance claims.	+	* Valuations.
		+	* Insurance claims.

	= Find out more =		= Find out more =

	=== Related articles on Designing Buildings Wiki. ===		=== Related articles on Designing Buildings Wiki. ===
−	*Adjudication.	+
−	*Alternative dispute resolution.	+	* Adjudication.
−	*Alternative dispute resolution legislation.	+	* Alternative dispute resolution.
−	*Arbitration.	+	* Alternative dispute resolution legislation.
−	*Contract claims.	+	* Arbitration.
−	*Construction disputes.	+	* Contract claims.
−	*Delays on construction projects.	+	* Construction disputes.
−	*Dispute resolution board.	+	* Delays on construction projects.
−	*International research into the causes of delays on construction projects.	+	* Dispute resolution board.
−	*Mediation.	+	* International research into the causes of delays on construction projects.
		+	* Mediation.

	=== External references ===		=== External references ===
−	*[http://www.justice.gov.uk/courts/procedure-rules/civil/contents/form_section_images/practice_directions/pd35_pdf_eps/pd35_prot.pdf Protocol for the Instruction of Experts to give Evidence in Civil Claims Publication].	+
−	*[https://www.justice.gov.uk/courts/procedure-rules/civil/rules Civil Procedure Rules].	+	* [http://www.justice.gov.uk/courts/procedure-rules/civil/contents/form_section_images/practice_directions/pd35_pdf_eps/pd35_prot.pdf Protocol for the Instruction of Experts to give Evidence in Civil Claims Publication].
−	*[https://www.theexpertinstitute.com/ The Expert Institute].	+	* [https://www.justice.gov.uk/courts/procedure-rules/civil/rules Civil Procedure Rules].
		+	* [https://www.theexpertinstitute.com/ The Expert Institute].

	[[Category:Roles_/_services]]		[[Category:Roles_/_services]]

Designing Buildings at 12:09, 24 August 2015

2015-08-24T12:09:05Z

← Older revision		Revision as of 12:09, 24 August 2015
Line 1:		Line 1:
−

	= Introduction =		= Introduction =

−	An expert witness (EW) is an expert who uses their knowledge, training and experience in a specific area to help assist courts and other bodies to understand issues in legal cases so that they reach a sound and just decision. Expert witnesses are typically required in situations where an evaluation of the issues requires technical or scientific knowledge that only an expert in that field is likely to have~~. Such~~ as in cases relating to; loss of earnings, insurance claims, severe injuries, degree of sanity, environmental issues, intellectual property and so on.	+	An expert witness (EW) is an expert who uses their knowledge, training and experience in a specific area to help assist courts and other bodies to understand issues in legal cases so that they reach a sound and just decision. Expert witnesses are typically required in situations where an evaluation of the issues requires technical or scientific knowledge that only an expert in that field is likely to have, such as in cases relating to; loss of earnings, insurance claims, severe injuries, degree of sanity, environmental issues, intellectual property and so on.

	Expert witnesses may have a variety of roles, including:		Expert witnesses may have a variety of roles, including:
Line 9:		Line 8:
	*Acting as a shadow expert where the advisor works ‘behind the scenes’ in a court claim.		*Acting as a shadow expert where the advisor works ‘behind the scenes’ in a court claim.
	*Acting as an expert witness proper or party-appointed expert when the expert is contracted by one party with the aim of providing an opinion to the court.		*Acting as an expert witness proper or party-appointed expert when the expert is contracted by one party with the aim of providing an opinion to the court.
−	*Acting as a single joint expert ~~epithet when~~ the expert is instructed by all ~~the~~ parties involved.	+	*Acting as a single joint expert where the expert is instructed by all parties involved.
	*Acting as a lead expert when a complex claim requires multiple experts.		*Acting as a lead expert when a complex claim requires multiple experts.
	*Acting as an assessor, introduced by the Civil Procedure Rules and appointed by the court as an expert.		*Acting as an assessor, introduced by the Civil Procedure Rules and appointed by the court as an expert.
Line 17:		Line 16:
	= Qualities of an expert witness =		= Qualities of an expert witness =

−	An expert witness must be independent and not be swayed by the party paying their fee. Their role is governed by the Civil Procedure Rules.	+	An expert witness must be independent and must not be swayed by the party paying their fee. Their role is governed by the Civil Procedure Rules.

	They should have:		They should have:
−	*A detailed knowledge of the subject matter~~, along with experience of it~~.	+	*A detailed knowledge and experience of the subject matter.
−	*~~Analytical~~ reasoning capabilities.	+	*Good analytical reasoning capabilities.
−	*~~Communication~~ skills ~~to enable the findings to be clearly conveyed in concise terms~~.	+	*Good communication skills.
−	*~~A flexible mind capable~~ of adapting ~~with the emergence of~~ new evidence.	+	*Capability of adapting to new evidence.
	*The ability to think clearly during cross-examinations.		*The ability to think clearly during cross-examinations.
	*A confident manner, especially during court appearances.		*A confident manner, especially during court appearances.
−	*Good understanding of the variety of dispute resolution procedures	+	*Good understanding of the variety of dispute resolution procedures.

	= Guidance =		= Guidance =
Line 34:		Line 33:
	= Construction =		= Construction =

−	The construction industry involves long-term transactions with high uncertainty and complexity, and it is impossible to resolve every detail and foresee every contingency at the outset. As a result, there are frequent disputes, claims, court proceedings and alternative dispute resolution proceedings. In 2013~~, an NBS survey~~ , the [http://www.thenbs.com/pdfs/NBS-NationlC&LReport2013-single.pdf National Construction Contracts and Law Survey], found that 30% of firms had been involved in at least one dispute in the previous 12 months.	+	The construction industry involves long-term transactions with a high degree of uncertainty and complexity, and it is impossible to resolve every detail and foresee every contingency at the outset. As a result, there are frequent disputes, claims, court proceedings and alternative dispute resolution proceedings. In 2013, the [http://www.thenbs.com/pdfs/NBS-NationlC&LReport2013-single.pdf National Construction Contracts and Law Survey], found that 30% of firms had been involved in at least one dispute in the previous 12 months.

	This means that those involved in the construction industry may require the services of expert witnesses, or where they have particular expertise themselves, may offer services as an expert witness.		This means that those involved in the construction industry may require the services of expert witnesses, or where they have particular expertise themselves, may offer services as an expert witness.

	Typical cases include:		Typical cases include:
−	*Compulsory ~~land~~ orders.	+	*Compulsory purchase orders.
	*Contractual disputes.		*Contractual disputes.
	*Planning permissions.		*Planning permissions.
−	*Construction defects.	+	*Construction defects.
	*Design defects.		*Design defects.
	*Professional negligence.		*Professional negligence.

Designing Buildings: Created page with " = Introduction = An expert witness (EW) is an expert who uses their knowledge, training and experience in a specific area to help assist courts and other bodies to understand ..."

2015-08-24T12:04:12Z

Created page with " = Introduction = An expert witness (EW) is an expert who uses their knowledge, training and experience in a specific area to help assist courts and other bodies to understand ..."

New page

= Introduction =

An expert witness (EW) is an expert who uses their knowledge, training and experience in a specific area to help assist courts and other bodies to understand issues in legal cases so that they reach a sound and just decision. Expert witnesses are typically required in situations where an evaluation of the issues requires technical or scientific knowledge that only an expert in that field is likely to have. Such as in cases relating to; loss of earnings, insurance claims, severe injuries, degree of sanity, environmental issues, intellectual property and so on.

Expert witnesses may have a variety of roles, including:
*Acting as an expert advisor where advice is provided but the expert’s opinion is not put before the court.
*Acting as a shadow expert where the advisor works ‘behind the scenes’ in a court claim.
*Acting as an expert witness proper or party-appointed expert when the expert is contracted by one party with the aim of providing an opinion to the court.
*Acting as a single joint expert epithet when the expert is instructed by all the parties involved.
*Acting as a lead expert when a complex claim requires multiple experts.
*Acting as an assessor, introduced by the Civil Procedure Rules and appointed by the court as an expert.

The opinions provided by the expert witnesses are described as ‘expert evidence’ and will often include; factual evidence, explanation of any technical terms or topics, and opinions based on the facts of the case.

= Qualities of an expert witness =

An expert witness must be independent and not be swayed by the party paying their fee. Their role is governed by the Civil Procedure Rules.

They should have:
*A detailed knowledge of the subject matter, along with experience of it.
*Analytical reasoning capabilities.
*Communication skills to enable the findings to be clearly conveyed in concise terms.
*A flexible mind capable of adapting with the emergence of new evidence.
*The ability to think clearly during cross-examinations.
*A confident manner, especially during court appearances.
*Good understanding of the variety of dispute resolution procedures

= Guidance =

Guidance has been produced for both expert witnesses and individuals who instruct experts in the Civil Justice Council publication [http://www.justice.gov.uk/courts/procedure-rules/civil/contents/form_section_images/practice_directions/pd35_pdf_eps/pd35_prot.pdf Protocol for the Instruction of Experts to give Evidence in Civil Claims], published in 2005 and amended in 2009.

= Construction =

The construction industry involves long-term transactions with high uncertainty and complexity, and it is impossible to resolve every detail and foresee every contingency at the outset. As a result, there are frequent disputes, claims, court proceedings and alternative dispute resolution proceedings. In 2013, an NBS survey , the [http://www.thenbs.com/pdfs/NBS-NationlC&LReport2013-single.pdf National Construction Contracts and Law Survey], found that 30% of firms had been involved in at least one dispute in the previous 12 months.

This means that those involved in the construction industry may require the services of expert witnesses, or where they have particular expertise themselves, may offer services as an expert witness.

Typical cases include:
*Compulsory land orders.
*Contractual disputes.
*Planning permissions.
*Construction defects.
*Design defects.
*Professional negligence.
*Valuations.
*Insurance claims.

= Find out more =

=== Related articles on Designing Buildings Wiki. ===
*Adjudication.
*Alternative dispute resolution.
*Alternative dispute resolution legislation.
*Arbitration.
*Contract claims.
*Construction disputes.
*Delays on construction projects.
*Dispute resolution board.
*International research into the causes of delays on construction projects.
*Mediation.

=== External references ===
*[http://www.justice.gov.uk/courts/procedure-rules/civil/contents/form_section_images/practice_directions/pd35_pdf_eps/pd35_prot.pdf Protocol for the Instruction of Experts to give Evidence in Civil Claims Publication].
*[https://www.justice.gov.uk/courts/procedure-rules/civil/rules Civil Procedure Rules].
*[https://www.theexpertinstitute.com/ The Expert Institute].

[[Category:Roles_/_services]]