ARTICLE · 04 AUGUST 2020

The Risks Of Claims Against Solicitors Regarding Expert Evidence

Beale & Co

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Experts have an unusual dual role in litigation, in that they owe...

IrelandLitigation, Mediation & Arbitration

Andrew Jones

Expert evidence can make or break a party's case at trial. Andrew Jones and Joe Bryant look at three recent Court decisions where the parties got it wrong and consider the risks to solicitors acting in litigation regarding expert evidence.

Experts have an unusual dual role in litigation, in that they owe:

A duty of care to their instructing party. This is a duty to provide expert opinion within a reasonable range; and
A duty to the Court to provide objective, unbiased, impartial and independent evidence. This duty overrides the above duty to their instructing party. Experts should follow the requirements set out in Part 35 of the Civil procedure Rules and the Civil Justice Council's "Guidance for the instruction of experts in civil claims".

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