5/4/2023 0 Comments Label expert witnessThe expert witness must not accept instructions under any conditional or other success-based fee arrangements. It goes without saying that conflicts of interest must be avoided at all times while performing the duty of an expert witness. It is crucial for any judicial process which includes expert evidence that the expert witnesses are honest, objective, and fair so that their expertise can properly and helpfully inform, support, and enhance the decision maker’s decision and the process by which that decision is reached.īefore accepting instructions (which should be in writing), the expert must check if he is the correct expert and whether he has the resources and can meet the timetable. It is important to note that for the integrity of the civil justice system, anybody who takes on the role of an expert witness should have a clear understanding of the duties involved and should perform their obligations to the court or tribunal concerned to the best of their ability. All our candidates passed the course and attained the RICS Expert Witness Certificate. It was the first time for RICS to conduct such a course in the GCC and the Middle East region. The course was practically orientated to develop the core competencies of enrolled candidates in line with the official RICS Professional Guidance, needed to be an effective expert witness. It was a 12-week course designed to give a sound knowledge of the law and best practice in relation to an expert witness. In order to maintain high professional standards, RICS published April 2014 the 4th edition of its Practice Statement for Surveyors acting as Expert Witness which is mandatory for all its members to comply with and also issued related Guidance Notes which are recommended for good practice.ĭuring the last quarter of 2018, seven of our senior staff (2 from the Qatar Office and 5 from the Beirut Office) enrolled in the RICS Expert Witness Certification course. court directions and requirements for joint conference and report and concurrent evidence.Definition of an Expert – Having a special knowledge or skill in a subject beyond that of an ordinary layman in that subject.court directions in relation to expert witnesses and their evidence.Rules of Court impose duties on an expert in preparing and giving expert opinion evidence. the expert opinion is to have a basis - the opinion of the witness must be wholly or substantially based on the specialised knowledge and the factual basis of the opinion must be disclosed and proven by admissible evidence.the witness expressing the opinion is to be qualified - the witness must be qualified as an expert in the recognised field of knowledge and have acquired specialised knowledge based on the person’s training, study or experience.the expert opinion is to involve specialised knowledge - the opinion of the expert must be within a field of knowledge that the law recognises as one on which expert evidence can be called.the expert opinion is to be relevant - relevant evidence is evidence that, if it were to be accepted, could rationally affect (directly or indirectly) the assessment of the probability of the existence of a fact in issue in the proceedings.In order for expert opinion evidence to be admissible in proceedings, as an exception to the general rule against opinion evidence, it should satisfy four tests:
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