Muhammad Suleman against One Insurance Ltd [2025] SC GLA 88 Muhammad Suleman against One Insurance Ltd [2025] SC GLA 88

Muhammad Suleman against One Insurance Ltd [2025] SC GLA 88

The pursuer’s vehicle was stationary at a red light when the defender’s insured collided with him, causing soft tissue injuries to his...
Fixed Recoverable Costs Interim Implementation Stocktake Fixed Recoverable Costs Interim Implementation Stocktake

Fixed Recoverable Costs Interim Implementation Stocktake

We are reposting our update on the Fixed Recoverable Costs Stocktake Consultation. It is important for the Civil Procedure Rule Committee's...
Graham Harry Moore v Sarah Joanne Pochin MP & Anor [2025] EWHC 3012 (KB) Graham Harry Moore v Sarah Joanne Pochin MP & Anor [2025] EWHC 3012 (KB)

Graham Harry Moore v Sarah Joanne Pochin MP & Anor [2025] EWHC 3012 (KB)

The Petitioner, who was one of 15 candidates in an English Parliamentary By-Election, alleged that his vote count of 50 was fraudulently...
New EWI Guidance on Being instructed as a Single Joint Expert New EWI Guidance on Being instructed as a Single Joint Expert

New EWI Guidance on Being instructed as a Single Joint Expert

The EWI has just released its new Guidance on Being instructed as a Single Joint Expert with invaluable and easily accessible information and...
Fourth Amendment to the Criminal Practice Directions 2023 – November 2025 Fourth Amendment to the Criminal Practice Directions 2023 – November 2025

Fourth Amendment to the Criminal Practice Directions 2023 – November 2025

The Lady Chief Justice has issued the fourth amendment to the Criminal Practice Directions 2023 which includes changes to chapter 7 (Expert Evidence),...

Check out our Case Updates and Member Magazine

Looking for more news relevant to the Expert Witness community? Why not check out our database of cases relevant to Expert Evidence or the latest and previous editions of our member magazine, Expert Matters.

News

Clicking on one of the topics below will display news items relevant to that topic. You can also use the search bar below to identify news items.

Commissioning a report from a third party expert on one of the issues the Expert Witness has been instructed to consider
Simon Berney-Edwards 2346

Commissioning a report from a third party expert on one of the issues the Expert Witness has been instructed to consider

bySimon Berney-Edwards

Question: 

Is it acceptable for an Expert Witness to commission a report from a third party expert on one of the issues the Expert Witness has been instructed on and then use the third party expert opinion in their report?

 

Answer:

If there is a particular aspect of a matter which is outside your own expertise but needs to be addressed, particularly if it needs to be addressed before you can form a proper view on the matters within your expertise, you should flag this to the instructing solicitor and get them to procure a report from the other expert or to instruct you jointly.  You should contact them to explain what is needed and why. At the same time, you could suggest an expert who could provide that expertise; however, it is for the Instructing Party to make the appointment. If that opinion is crucial to your own opinion, you should then wait to see what the solicitors state before preparing their draft report on inadequate evidence.

 

Don’t forget that in court proceedings (and sometimes also in arbitration) the instructions to the expert must be disclosed to the opposing party. There is no orderly way of achieving this if the expert goes off on their own to instruct another expert.

 

Where an addition report is being relied on, you could consider appending the other experts report to yours and explain within your report that you are relying on xx report in relation to a specific area.

 

This does not apply, of course, to the commonplace situation in which the expert gets a team acting under their supervision to undertake tests or carry out research. In that scenario the position should be spelled out in the report and in an ideal world the members of the team identified somewhere, even in an annexe.

 

Share

Print
Comments are only visible to subscribers.