Role of Expert Witnesses in Court

Jun 23, 2024

Role of Expert Witnesses in Court

General Witnesses vs. Expert Witnesses

General Witnesses

  • Provide evidence of things observed with their own senses.
  • Do not give opinions.
  • Judge or jury draw conclusions from their evidence.

Expert Witnesses

  • Typically not present at the incident giving rise to the dispute.
  • Involved due to their specialized skills.
  • Provide opinions within their area of expertise.
  • Offer professional services to parties and the court.
  • Consulted early in litigation, sometimes before a claim is filed.

Case Study: Dispute About a Charter Contract for a Boat

Context

  • Dispute over whether a contract existed.
  • Key document: handwritten, original not available, only carbon copies.

Role of Handwriting Expert

  • Plaintiffs consulted Mr. Davies, a handwriting expert.
    • Mr. Davies deemed carbon copies not authentic.
  • Later, the other side also consulted Mr. Davies.
    • Again, he opined that documents were not authentic.
  • Mr. Davies realized he advised both parties and refused further evidence for the second party.
  • Second party subpoenaed Mr. Davies to give evidence.

Legal Ruling

  • Plaintiffs sought an injunction to stop Mr. Davies from providing evidence.
  • Lord Denning's ruling:
    • "There is no property in an expert witness as to the facts he has observed and his own independent opinion on them."
    • It's a witness's duty to come to court and provide evidence as directed by the judge.
    • Confirms expert witness's duty is to assist the court, not the hiring party.