Expert Witness

Is one who by reason of education and / or specialized experience possesses superior knowledge respecting a subject about which persons having no particular training are incapable of forming an accurate opinion or deducing correct conclusions.

However one must also have knowledge of the “Law of Evidence”.

The expert evidence should be, and seen to be, the independent product of the expert uninfluenced as to form or content of the litigation. Experts should provide independent assistance to the Court by way of objective unbiased opinion in relation to matters within the expertise. Experts should never assume the role of the advocate (one who assists, defends or pleads for another before a court)

The courts are wary of expert reports, which touch upon the very issues that are to be decided by the judge. It has been found that where an expert opinion tendered does deal with the ultimate issue it is inadmissible (in a case where the judge found findings of fact allocated blame and drew conclusion of law, the report was inadmissible.)

Simply put the best expert witness not only has specialized experience but also experience with the giving of evidence. The writer has these combinations, which include professional expertise, experience and studies in arbitration / court mediation and expect witness experience in the Supreme Court.

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