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The expert witness is engaged for his or her experience to give an informed,
objective and impartial opinion on matters outside the experience of the
tribunal. This type of evidence is sometimes referred to as opinion or expert
evidence.
An expert witness is appointed in a non-testifying and/or testifying role,
generally, in dispute resolution techniques such as litigation, arbitration and
adjudication.
Construction disputes invariably comprise the complex interaction of numerous
factual events with the law, therefore, the expert witness is required to
exhibit a unique skill of specialist knowledge in his or her chosen field
together with the aptitude to forensically investigate and present large
quantities of data in a form that is of assistance to the tribunal in deciding
the issues in dispute. The product of the expert witness is clear and cogent
evidence by way of a report and/or oral evidence that will stand scrutiny under
cross-examination and is accepted by the tribunal.
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On the 26 April 1999, the rules for conducting civil litigation completely
altered in the UK with the introduction of the Civil Procedure Rules ("CPR"). Part 35 of
CPR deals with expert evidence and encapsulates a comprehensive set of rules
together with associated Practice Directions.
Arbitration,
and to
some
extent
adjudication,
has now,
by
analogy,
generally
adopted
the key
principles
of Part
35 for
providing
expert
evidence.
As money is at the root of most construction disputes, it may be beneficial to
engage the services of an expert on quantity surveying matters. A quantity
surveyor specialises in the measurement and valuation of construction works.
Nigel is
a
Chartered
Quantity
Surveyor
and is
available
to
provide
advice
on
quantity
surveying
matters.
Nigel
formerly
acted as
an
expert
witness
before
being
called
to the
Bar and
has
previously
provided
opinion
evidence
to
various
tribunals
and has
been
cross-examined
in both
County
Court
and the
High
Court
(Technology
and
Construction
Court)
in
London.
For more
details,
please go to
my
Curriculum
Vitae
page.
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