Deck 12: Experts and Expert Evidence

Question 1

A party to an action may only rely on expert evidence in civil proceedings if:

A) all the parties to the action agree.
B) the proposed expert is contained in the Academy of Expert's directory.
C) an order of the court is made giving permission to use the expert.
D) the expert's report is annexed to the Particulars of Claim.

Answer 1

C

Question 2

a claim proceeding in the Fast Track is limited to one expert per party?

Answer 2

False

Question 3

Which is correct?
A jointly selected expert will …

A) Receive his instructions from one of the parties to the action.
B) Receive his instructions from both parties to the action.
C) Simultaneously send his report to both parties to the action.
D) Request his fees to be paid on a joint and several basis by both parties to the action.

Answer 3

A

Question 4

Which of the following statements about expert witnesses is most correct?

A) It is never possible to use an expert witness who has a close connection to one of the parties.
B) The expert's primary duty is to his client.
C) Questions to a single joint expert witness will not be permitted.
D) Expert's reports are never privileged.

Question 5

A single joint expert has been instructed by the parties to an action. One of the parties is unhappy with the expert's conclusions. What can he do?
Which of the following options is the only option available to that party?

A) Nothing - he is stuck with the report.
B) Write to the expert and ask him to change his conclusion.
C) Ask your opponent if he will agree to the instruction of another single joint expert.
D) Apply to the court for permission to seek your own expert's report.

Question 6

the written instructions to your own expert are privileged from disclosure?

Question 7

Which is incorrect?
What is the purpose of a joint meeting between opposing experts?

A) To identify the expert issues in the proceedings.
B) To discuss each expert's view on the issues.
C) To make recommendations to the court on liability and quantum.
D) To try and reach agreements on the issues.

Question 8

A Claimant in an action obtained an engineer's report and served it on the Defendant. Subsequently the Claimant secured and disclosed another engineering report and served it on the Defendant. In relation to the first engineering report which is correct?

A) If the Claimant elects not to rely on the first expert, the Defendant may not use the first expert's report.
B) If the Claimant elects not to rely on the first expert, the Defendant may use the first report to rely on and use at trial.
C) The Defendant may only rely on the Claimant's first expert's report at trial if the Claimant agrees.
D) The Defendant may only rely on the Claimant's first expert's report at trial if the court grants permission.