An Expert Witness (sometimes referred to as a forensic expert) can be anyone with knowledge or experience of a particular field or discipline beyond that to be expected of a layman. The Expert Witness’s duty is to give to the Court or tribunal an impartial opinion on particular aspects of matters within his expertise which are in dispute.

An Expert Witness is not an expert adviser who is normally appointed by a party to assist in the formulation and preparation of a party’s claim or defence. An expert adviser does not have an overriding duty to the court but to the party instructing him.

When choosing an Expert there are a number of considerations to take into account including:

• Is the Expert accredited?
• Is there a real or perceived conflict of interest?
• Is the Expert available in the required timescale?
• The Expert should have specialist knowledge, by study or from experience, of the subject they profess to be an expert in and relevant to the case for which they are being instructed.
• As well as appropriate professional knowledge the Expert Witness should have a proper understanding of the rules and procedures that are required by the court or tribunal they are giving evidence in.
• Although not a requirement Experts should undertake appropriate training to ensure that they keep up to date with best practice.