What is the expert’s role in gathering and presenting evidence? Chris Pamplin reports
Limiting the amount and scope of expert evidence has long been one of the functions of the case management procedures of the civil courts. The time and expense involved in the provision of expert evidence means that the courts must have regard to the proportionality of any request. Indeed, the court should refuse permission where reasons for the request are viewed as frivolous.
However, given that the need for additional evidence is sometimes critical to the court’s ability to make an informed decision, and that the expert evidence itself is often of a highly technical nature, two questions arise:
- How should the courts deal with such requests?
- How much influence should the experts or the parties have upon the court’s decision?
If an expert feels that there is insufficient evidence before the court to prove or disprove a case, does the expert have discretion to request that further tests be carried out? If so, what is the expert’s role in that evidence-gathering process? These were questions considered recently by the Family Court.
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