expert witness reports - august 2021
Aug 12 2021
When You Need Them
An expert is a person who has specialised knowledge on a subject gained from the individual’s study, training and experience.
An expert witness is an expert who is regarded to be able to express an opinion on matters within their particular area of expertise.
If a claim has been made or is to be made against a builder for poor workmanship, it will be essential to engage a building or defects consultant who has experience in similar types of matters.
If a claim is to be made against a director for insolvent trading, then an expert may be engaged to reinforce the liquidator’s opinion on the solvency of the company when debts were incurred. In defending the claim, an expert opinion may be sought to demonstrate the company’s solvency at the relevant dates.
Other witnesses in litigation are only able to attest to facts and circumstances and their opinions are not ordinarily regarded.
In litigation, the role of an expert witness is to provide relevant and impartial evidence in their area of expertise to assist a court to reach its own conclusion in proceedings.
An expert witness may also be engaged without litigation for various reasons including:
- To determine if it is reasonable for a claim to be pursued
- To determine the quantum of any claim
- To review quantum or quality of professional services provided for the information of stakeholders ie assessing Liquidator’s remuneration
- To independently assess the decision making and business judgements made by individuals or company officers in particular circumstances, in the face of potential claims by stakeholders ie assessing the good faith, use of position and use of information in exercising powers and discharging their respective fiduciary duties.
An expert in providing a report should adhere to the Expert Witness Code of Conduct and must do so if the report is to be considered in litigation. The opinions of the expert must be independent and to ensure this, all correspondence, documents relied upon and discussions with the expert must be included with the report provided to the Court.
In litigation, it is not unusual for the Court to order that both plaintiff and defendant engage an expert to have an expert report prepared and filed with the Court after which there will be a conclave of the experts to determine which issues remain in contention after thereby narrowing the issues to be tried.
During proceedings it is becoming more common for expert witnesses to be engaged where they were once unnecessary, merely to reinforce the position of the plaintiff or defendant.
PCI Partners has prepared many expert witness reports, whether or not litigation has commenced, drawing from their extensive experience as Registered Liquidators and Trustees.
For a free, no-obligation discussion, please feel free to contact Stephen Michell | Philip Newman | David Quin