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Construction and materials industries

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Can I get a witness?

Article Abstract:

A solicitor intending to use expert witnesses must first ensure that any potential expert witness is truly competent to give an opinion on the issue in question. The potential witness must be made aware of the time commitment involved, and a fee must be agreed. Once appointed, the expert witness will receive a brief from the solicitor, along with a list of specific issues on which advice will be required. The brief must give an explanation of the legal principles of privilege and discovery. The expert witness must take care to remain impartial, remembering that his or her overall duty is to the tribunal or court.

Author: Bingham, Tony
Publisher: Builder Group plc
Publication Name: Building
Subject: Construction and materials industries
ISSN: 0007-3318
Year: 1997
Column

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Got what it takes to be an expert witness?

Article Abstract:

The British Academy of Experts published guidelines for behaviour of its members in 1993. Expert witnesses should act professionally, in fairness and be impartial. Competence is vital and experts should keep up-to-date with standards and knowledge. Members must make sure that they have access to information and have the equipment and facilities to undertake their work. All investigatory work must be checked for accuracy and reliability. All recordd need to be kept in safe conditions as specified by the court or tribunal. Members can meet with other experts subject to conditions.

Author: Bingham, Tony
Publisher: Builder Group plc
Publication Name: Building
Subject: Construction and materials industries
ISSN: 0007-3318
Year: 1993

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Bones of contention

Article Abstract:

The UK RICS' Surveyors Acting as Expert Witnesses becomes effective on 1 Mar 1997. The practice statement with guidance notes explains that surveyors called as expert witnesses must be seen to be impartial. Members of the RICS will be disciplined if they do not adhere to this duty. RICS also disagrees with contingency fees and notes that by an acceptance of the fee by the expert, the judiciary may regard the evidence as less than impartial.

Author: Bingham, Tony
Publisher: Builder Group plc
Publication Name: Building
Subject: Construction and materials industries
ISSN: 0007-3318
Year: 1997
Surveyors

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Subjects list: Laws, regulations and rules, Evidence, Expert, Expert evidence
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