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310123 - Week 14 - Workshop Preparation (6)

The document outlines the aims and objectives for a Week 14 workshop on Civil Litigation and Dispute Resolution, focusing on witness evidence and expert witnesses. It includes required readings and key concepts regarding the roles of expert witnesses and advisors, their importance in legal proceedings, and practical considerations for gathering evidence. Additionally, it provides preparatory tasks and questions for participants to engage with the material effectively.

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13 views3 pages

310123 - Week 14 - Workshop Preparation (6)

The document outlines the aims and objectives for a Week 14 workshop on Civil Litigation and Dispute Resolution, focusing on witness evidence and expert witnesses. It includes required readings and key concepts regarding the roles of expert witnesses and advisors, their importance in legal proceedings, and practical considerations for gathering evidence. Additionally, it provides preparatory tasks and questions for participants to engage with the material effectively.

Uploaded by

aliya
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
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Civil Litigation and Dispute Resolution

Week 14

Aims and Objectives

After completing the reading and attending the workshop, you should be
able to:

1. Understand the importance of witness evidence.


2. Describe the practical considerations when gathering factual witness evidence.
3. Explain when an expert witness may be used.
4. Outline the content of a letter of instruction to an expert witness.
5. Draft a letter of instruction to an expert witness

Required Reading
Please read the following items as directed.

Compulsory Reading:

· Chapter 17 – Witness Statements and Documentary Evidence, “Civil Litigation 2021-2022", Lu-
cilla Macgregor, Charlotte Peacey and Georgina Ridsdale (please do not read paragraph 17.4.3
on witness statements for interim applications or paragraph 17.5 on Hearsay).
· “Expert Evidence: An Overview”, Practical Law

Expert Witness

- CPR 35.2(1) states that a reference to an "expert" in CPR 35 is a reference to a person who has been
instructed to give or prepare expert evidence for the purpose of proceedings. Expert evidence is evi-
dence as to matters of a technical or scientific nature and generally includes an expert's opinion
- Expert evidence can be, and to a large extent usually is, based on opinion rather than fact.
- Presumption that the evidence will be given in a written report but often given orally

Expert Advisor

- Expert advisors advises a party on specialist or technical matters within their expertise at any stage of
a problem, dispute or claim. They may also assist with formulating the case, preparing witness state-
ments and other matters.
- If you instruct an expert advisor early on, the expert's advice may assist clients and solicitors to assess
the strengths and weaknesses of the case and, in so doing, help them to decide whether they should
pursue or defend it.
- It is unlikely that the costs incurred in instructing an expert advisor will be recoverable if another per-
son is subsequently appointed as an expert witness under CPR 35.
- There is a risk that you will not be able to use the expert advisor as your expert witness if the advisor is
no longer perceived to be independent.

Workshop Preparation
Read and make notes on the required readings listed above. Please prepare
written answers to the following tasks and questions.

· In preparation for the workshop, please go over the facts of


the case to date and ensure that you can give a brief summary
of what has happened so far.
· Please also familiarise yourself with the timeline of the case
(e.g. in week 2 we looked at pre-action considerations and we
drafted a letter before action; in week 3 we looked at starting
a claim and we drafted the claim form, etc).

Please answer the following questions:

1. What practical considerations would we think about when gathering factual witness evi-
dence?
2. What practical steps should you take when preparing a witness state-
ment of fact for trial?
3. What is the purpose of an expert witness at trial?
4. What are the duties of an expert witness?
5. What information should be given to an expert in their instructions?

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