Expert witness work

YDSA surveyors frequently act as expert witnesses in disputes. The role of the expert witness in a legal process is often pivotal in Court, supporting or disproving the arguments of a party to the proceedings, and as such their statements are highly valued and closely scrutinised.

The Civil Procedure Rules, which form the basis of conduct in Court, provide a clear definition of what is meant legally by the term "expert", being "a person with a high degree of skill and knowledge in a particular subject", making them capable of projecting an informed opinion. Experts owe an overriding duty to the Court to ensure an impartial, independent report; in addition they have a duty to make it clear to the Court when a question or issue falls outside their knowledge.

Expert reports must also adhere to detailed and stringent rules governing content. They must contain details of the expert's qualifications, the facts which form the basis for the opinion, summaries of other possible theories as well as the conclusion reached and the sources consulted. Importantly, the expert must state that they understand the duties they owe to the Court, and conclude their report with a statement of truth in the prescribed form.

When a party in a dispute is seeking to strengthen their case on an issue involving a vessel, surveyors are therefore a natural choice. It is important to select a surveyor with experience appropriate to the case in hand, taking into account their areas of specialisation.

The duties of the expert can be seen in full detail at the Ministry of Justice website.