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The Expert Witness in Construction

Robert Horne, John Mullen

ISBN13: 9780470655931

Published: September 2013

Publisher: Wiley-Blackwell

Country of Publication: UK

Format: Hardback

Price: £102.95

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9781118654354
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The role of the expert witness has long been important in the resolution of construction disputes. The specialist opinion brought by the expert can aid understanding and interpretation of the facts of the dispute, and may be influential in deciding the outcome.

The variety of dispute resolution procedures and the requirement for the expert witness to be independent places a heavy burden on the parties to identify and instruct an appropriate expert, and on the expert to ensure they discharge their duty in the correct manner.

The Expert Witness in Construction explains, in practical terms, the way in which experts work with particular reference to the construction industry. Within this book the Expert's role is explained in legal and practical terms as a progression from understanding the basic principles by which Experts can be identified, through appointment, to giving evidence before a tribunal. At every stage commentary is given to:-

help and guide professionals new to the arena of expert evidence;
act as a resource for those already acting as Experts;
assist party representatives looking for best practice guidance on the instruction of Experts; and
provide parties to disputes information on what they should expect from the Expert they appoint to explain the issues in the case.

Covering all the implications of identifying, appointing, instructing and relying on experts, it will help the reader to understand why experts are instructed in the way they are, how to identify the expert that is right for a particular case and how evidence should be presented.

Written by a practicing lawyer and a consultant with extensive experience of acting as an expert witness, the requirements of both the lawyer and expert are discussed. As such, it will help both parties to understand each other resulting in a closer, more productive working relationship.

Subjects:: Construction Law

Contents:: Part One; Chapter 1 - Introduction; 1.1 Introduction; 1.2 What Is Expert Evidence?; 1.3 Expanding Role Of The Expert Witness; 1.4 What Makes A Good Expert Witness?; 1.5 What Is An Expert Witness And What Is An Expert Witness Used For?; 1.6 Duties Of The Expert Witness; 1.7 Use Of Expert Evidence; 1.8 Summary; Chapter 2 - Independence And Duties; 2.1 Introduction; 2.2 Duties Of Expert Witnesses; 2.3 Partiality And Impartiality; 2.4 Failings In Obligations; 2.5 Investigations; 2.6 Conflicts Of Interest; 2.7 Those Giving Instructions; 2.8 Summary; Chapter 3 - Roles In Different Forums; 3.1 Introduction; 3.2 Litigation; 3.3 Arbitration; 3.4 Adjudication; 3.5 Mediation; 3.6 Expert Determination; 3.7 Informal Processes; 3.8 Summary; Chapter 4 - Different Types Of Expert; 4.1 Introduction; 4.2 The Expert Witness; 4.3 The Expert Advisor; 4.4 Tribunal Appointed Experts; 4.5 The Single Joint Expert; 4.6 Assessors; 4.7 Expert Determination; 4.8 Expert Evaluation; 4.9 Icc Expertise Rules; 4.10 The Advocate And Expert Witness; Chapter 5 - Procedural Rules, Evidential Rules And Professional Codes; 5.1 Introduction; 5.2 Civil Procedure Rules; 5.3 Domestic Arbitration; 5.4 International Abitration; 5.5 The Iba Rules Of Evidence; 5.6 Professional Institute Rules; 5.7 Summary; Chapter 6 - The International Dimension; 6.1 Introduction; 6.2 What Is International?; 6.3 General Issues Arising; 6.4 Key Issues Differenes In Approach; 6.5 International Legal Issues; 6.6 International Application Of Professional Standards; Part 2; Chapter 7 - Selection And Appointment; 7.1 Introduction; 7.2 Pre-Appointment; 7.3 Availability; 7.4 Expert Witness Interviews; 7.5 Terms And Conditions; 7.6 Fees And Getting Paid; 7.7 Instructions; 7.8 Ending The Appointment; 7.9 Summary; Chapter 8 - Obtaining Information; 8.1 Introduction; 8.2 Litigation; 8.3 Domestic Arbitration; 8.4 International Arbitration; 8.5 Getting Started; 8.6 Focussing In On The Issues; 8.7 Electronic Disclosure; 8.8 Further Documents And Disclosure; 8.9 Other Experts; 8.10 Redfern Schedules; 8.11 At Trial Or Hearing; 8.12 Access To The Site And Property; 8.13 Translation Of Documents; 8.14 Other Problem Areas; 8.15 The Expert Report; 8.16 Summary; Chapter 9 - Writing Reports; 9.1 Introduction; 9.2 Where To Start; 9.3 Duty To The Tribunal; 9.4 Independent Opinions; 9.5 Writing The Report; 9.6 Structure, Layout, Contents; 9.7 The Expert’s Qualifications; 9.8 Use Of Assistants; 9.9 All Sources Shown; 9.10 Facts And Instructions Relied Upon; 9.11 Accurate And Complete; 9.12 Sampling; 9.13 Instructions Received; 9.14 Joint Briefs or Terms of Reference; 9.15 Qualifications Or Ranges Of Opinions; 9.16 Report Conclusions; 9.17 Statement Of Truth; 9.18 Declarations; 9.19 Questions On An Expert Report; Chapter 10 - Meetings Of Experts; 10.1 Introduction; 10.2 Purpose; 10.3 Timing; 10.4 Agenda; 10.5 How To Record And Report On The Meeting; 10.6 Producing A Joint Statement; 10.7 Binding Effect Of Expert Agreements; 10.8 Attendance Of Lawyers At Expert Meetings; 10.9 Involving The Tribunal Expert, A Facilitator Or Manager; 10.10 Attendance Of The Tribunal At The Meeting; 10.11 A Change Of Expert During Or After Meetings; 10.12 Conclusions; Chapter 11 - Giving Evidence; 11.1 Introduction; 11.2 Will Oral Evidence Be Taken?; 11.3 Preparation Before The Hearing; 11.4 Split Hearings; 11.5 Giving Evidence At The Hearing; 11.6 Modern Technology; 11.7 Examination In Chief; 11.8 Cross Examination; 11.9 Tribunal Examination; 11.10 Re Examination; 11.11 Purda; 11.12 Hot Tubbing; 11.13 Tribunal And Jointly Appointed Experts; 11.14 Ex-Parte Proceedings; 11. .15 Post – Hearing Activities; Chapter 12 - Liability And Immunity; 12.1 Introduction; 12.2 How Could Liability Arise?; 12.3 General Immunity As It Has Been Historically; 12.4 Erosion Of The General Position; 12.5 Current Expert Liability (For What And To Whom); 12.6 The Facts Of Jones And Kaney; 12.7 The Judgment; 12.8 Issues For Experts To Consider; 12.9 Likely Future Developments; APPENDICIES; 1. Useful Websites for Further Information; 2. Tables Comparing Rules for Different Types of Expert Involvement; 3. Typical Order for Hot Tubbing;