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.