5. What is the expert’s overriding duty to the court?
A key principle is that an expert witness owes an overriding duty to the court.
This duty is set out in Order 38, rule 35A of the RHC or RDC. It provides that the expert’s duty is to help the court on matters within the expert’s expertise. This duty overrides any obligation owed to the party who instructed or paid the expert.
This means that an expert must be independent, objective and fair. The expert is not an advocate for either party. His role is to assist the court by giving an objective, unbiased, and uninfluenced opinion on the matters in dispute based on his expertise.
An expert should not selectively rely only on material that supports the case of the party who instructed them. The report should deal with the whole of the relevant subject matter, including matters that may be unfavourable to the instructing party.
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