The diagnosis hang-up and cardiological manifestations of PTSD The diagnosis hang-up and cardiological manifestations of PTSD

The diagnosis hang-up and cardiological manifestations of PTSD

In this road traffic accident case where there was a claim for psychiatric injury, the two psychiatric experts produced between them 14 reports,...
Podcast Episode 13: Long-Standing Policy Issues Podcast Episode 13: Long-Standing Policy Issues

Podcast Episode 13: Long-Standing Policy Issues

In the 13th episode of the Expert Matters Podcast, we look at five long-standing policy issues that have had significant developments recently: (1)...
How to Reduce the Re-traumatisation of Claimants in Medico-Legal Litigation Claims How to Reduce the Re-traumatisation of Claimants in Medico-Legal Litigation Claims

How to Reduce the Re-traumatisation of Claimants in Medico-Legal Litigation Claims

We are re-publishing our article on the paper on 'How to reduce the risk of re-traumatising claimants in medico-legal litigation claims' ahead...
Setting The Goal Posts  in Expert Determination Cases  For “Manifest Error” Exceptions Setting The Goal Posts in Expert Determination Cases For “Manifest Error” Exceptions

Setting The Goal Posts in Expert Determination Cases For “Manifest Error” Exceptions

Within this update we feature the well-publicised case of WH Holding Limited and E20 Stadium LLP [2025] EWHC 140 (Comm).  The case concerns a...
New resources on Alternative Dispute Resolution New resources on Alternative Dispute Resolution

New resources on Alternative Dispute Resolution

We have published extensive new resources on Alternative Dispute Resolution in the EWI Knowledge Hub. 
Expert suggests Google would probably give the court a better answer than him Expert suggests Google would probably give the court a better answer than him

Expert suggests Google would probably give the court a better answer than him

The claimant alleged both negligence and breach of contract by the defendant designer of a container park near Felixstowe Port. The judge set out the...
A Day in the Life of a Plastic, Aesthetic and Hair transplant Surgeon and Expert Witness A Day in the Life of a Plastic, Aesthetic and Hair transplant Surgeon and Expert Witness

A Day in the Life of a Plastic, Aesthetic and Hair transplant Surgeon and Expert Witness

Dr. Rohit Seth is trained in Plastic, Reconstructive, Aesthetic and Hair Transplant Surgery with over 20 years of surgical experience. A practicing...
Forensic Science Regulator Code of Practice 2025 (Version 2) Forensic Science Regulator Code of Practice 2025 (Version 2)

Forensic Science Regulator Code of Practice 2025 (Version 2)

Version 2 of the Forensic Science Regulator ('FSR') Code of Practice has completed its passage through both Houses of Parliament and will...
A Day in the Life of a Digital Forensics Expert Witness A Day in the Life of a Digital Forensics Expert Witness

A Day in the Life of a Digital Forensics Expert Witness

Ryan Shields is a digital forensics expert who has worked in the police and private sector. Here, he explains why he is passionate about using his...
Podcast Episode 12: Expert Discussions and Joint Statements Podcast Episode 12: Expert Discussions and Joint Statements

Podcast Episode 12: Expert Discussions and Joint Statements

In the 12th episode of the Expert Matters Podcast, we discuss Expert Discussions and Joint Statements. Joint Statements are critical documents in any...
Podcast Episode 11: AI and the Expert Witness Podcast Episode 11: AI and the Expert Witness

Podcast Episode 11: AI and the Expert Witness

In the 11th episode of the Expert Matters Podcast, we take a look at how AI is being used by Expert Witnesses. We discuss general developments related...
A Day in the Life of an Aerial Imagery Expert A Day in the Life of an Aerial Imagery Expert

A Day in the Life of an Aerial Imagery Expert

Chris Cox is a professional heritage consultant, specialist interpreter of aerial imagery and Lidar data, and an Expert Witness. She is the...

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 1637

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.