Description
This session explores the legal duties and ethical responsibilities of surveyors acting as expert witnesses in court, emphasising the importance of impartiality, compliance with Civil Procedure Rules (CPR), and the risks of misconduct or misinformation.
Key Points
- Expert Witness Duties and Independence
Surveyors must prioritise their duty to the court over the interests of the instructing party, providing objective, qualified opinions and declaring limitations clearly. - Legal and Procedural Compliance
Strict adherence to CPR Part 35, including mandatory content in expert reports, joint statements, and the Statement of Truth, is essential to ensure expert evidence is valid and admissible. - Consequences of Misconduct or Inaccuracy
False or misleading statements can result in exclusion of evidence, cost sanctions, and even contempt of court charges, highlighting the high stakes of expert involvement in litigation.
Learning Objectives
- Differentiate between expert witnesses and expert advisors and understand the transition between roles.
- Recognise the procedural and ethical standards required in producing and defending expert reports under CPR Part 35.
- Understand the risks of non-compliance, false statements, and the importance of transparency in expert evidence.
