Expert’s Declaration for use in Civil Matters in Singapore

Expert’s Declaration for use in Adjudications

The form of declaration required for use in Expert Reports to the Civil Courts in England & Wales.   Current version in use from 1st October 2020

The form of declaration required for use in Expert Reports to the Family Courts.

The form of Expert Declaration to be used in Criminal cases.

This Fact Sheet is based on the position in England & Wales for all Civil cases. Appropriate adjustments may need to be made for other courts or jurisdictions

With the global pandemic courts and tribunals around the world are going online with Expert Witnesses being asked to give evidence remotely – often for the first time.

Guidance on the Practice Direction for Northern Ireland

Fact Sheet on legal professional privilege issued by The Academy of Experts

Fact Sheet issued by The Academy of Experts

TAE Guidance on Conflicts of interest

TAE Guidance and CPR rules

This Fact Sheet is based on the position in Hong Kong for all Civil cases. Appropriate adjustments may need to be made for other courts or jurisdictions, for example in England & Wales there are similar provisions under the Civil Procedure Rules (CPR). The document drawn up at the conclusion of the meeting is generally […]

A simple, graphical guide to the navigation and use of The Academy’s web site designed to help users, and in particular, members, navigate the site.

Information sheet introducing the rules and role concerning Expert Witness reports.

Information sheet introducing the role and duties of an expert witness.

Information sheet introducing mediation as an ADR approach.

An information sheet introducing the ADR approach, Expert Determination

Guidance for those considering becoming an expert on the considerations and steps to take.

Procedure rules for Expert Determination published by The Academy of Experts 2023 taking effect from 1st February 2023. For the previous Rules (2008) see here. Part I: General Rules and Principles Rule 1: Interpretation 1. “The Academy” refers to The Academy of Experts, 3 Gray’s Inn Square, London, WC1R 5AH. 2. References to the “Procedure” […]

Model terms of engagement for a party-appointed expert witness under CPR.

Model terms of engagement for an expert witness engaged as a single joint expert

Model terms for use where the engagement is as an Expert Advisor, rather than a Party-Appointed or Single Joint Expert under CPR.

Issued by the Judicial Committee of The Academy of Experts

Procedure rules for Expert Determination published by The Academy of Experts 2008. For the current Rules (2023) see here.

How to refuse to mediate reasonably [2012] EWHC 2904 (TCC) TEDR Volume 18 Issue 1 Summary The Court held that a successful party should not be penalised in costs for having declined to mediate, as its refusal to do so had not been unreasonable. Background ADS had claimed over $16 million for breach of contract and […]

Do not keep up with the Jones’ – expert mauled and Solicitor attacked… [2013] EWHC 599 (Ch) TEDR Volume 18 Issue 1 Introduction This is an interesting case for several reasons. First, it represents a comparatively unusual example of a forum conveniens argument about whether a trial should take place in England or in Ethiopa where all […]

Expert valuation evidence, the “Margin of Non-Negligent Valuation”, and how to approach lenders’ contributory negligence [2012] EWHC 3653 (TCC)  [2012] EWHC 3654 (TCC) TEDR Volume: 17 Issue: 3 The Facts Both cases also dealt with the proper approach to allegations that the lender had been contributory negligent. Webb and Blemain were two separate claims brought by lenders. Both […]

Dis-Instructing a Single Joint Expert in favour of a Sole Expert [2012] EWHC 3657 (QB) TEDR Volume: 17 Issue: 3 The Facts The Claimant brought a claim for damages against the defendants for a serious, mechanical engine failure in his car. The critical issue between the parties was the cause of the engine failure. The Claimant asserted […]

Withdrawing admissions on the basis of late Expert evidence [2012] EWHC 3632 (QB) TEDR Volume 17 Issue 3 The Facts In August 2010 the claimant’s vehicle was alleged to have been involved in a collision at a roundabout. His vehicle was declared a total loss which led the appellant insurer to admit liability. The vehicle was […]

How not to give Expert evidence [2012] SGHC 135 TEDR Volume 17 Issue 3 This is a case from the Singaporean High Court. It is reported in this issue because it gives some very good examples as to how experts should not approach their duties to the tribunal. In this case, both of the claimant’s experts came […]

Another Expert changes his mind – The effect on the party [2012] EWCA Civ 392 TEDR Volume 17 Issue 2 The Facts & Issues The appellant appealed to the Court of Appeal from the decision of a Circuit Judge which upheld an appeal from the decision of the District Judge to refuse to permit the Respondent to […]

Expert’s withdrawal – and repercussions [2013] Bus LR D45, [2013] EWHC 1039 TEDR Volume 17 Issue 2 The Facts & Issues The Applicant applied for permission to rely on expert evidence related to delay in a construction project. This was complex litigation and the trial date had been vacated on two previous occasions already. The applicant accepted […]

Necessity for Expert Evidence, late application & £1 million fees [2011] EWHC 3980 (QB) TEDR Volume 17 Issue 2 The Facts The Applicant (the NHS Trust) applied for Summary Judgement on certain outstanding issues in a clinical negligence claim brought by the Respondent (Mr Wright). The Respondent had had severe acute pancreatitis. The Respondent had an operation […]

SJE acting beyond Instructions [2012] EWCA Civ 54 TEDR Volume: 17 Issue: 2 The Facts The Appellant appealed against a damages assessment made in a personal injury claim against the Respondent. In respect of serious injuries sustained by the Appellant arising from a road traffic accident the Claimant had admitted liability. That left the matter of damages […]

Ergonomics – an uncomfortable seat in the box [2012] CSOH 001 TEDR Volume 17 Issue 1 In many ways these judicial comments on the experts might be regarded as the Scots version of the English popcorn case (Trebor Bassett Holdings Limited & others v ADT Fire & Security Plc [2011] EWHC 1936 (TCC)) last year. There is […]

Experts fees – Statute Barred [2011] EWCA Civ 1325 TEDR Volume 16 Issue 3 The Facts The Claimant was a Chartered Surveyor of many years experience. He had been engaged by the occupants of a first floor flat to report into defects with the property in which they lived. They owned the freehold to the whole […]

Interpretation of a clause – is it Arbitration or Expert Determination? [2011] EWHC 2226 (Ch) TEDR Volume 16 Issue 3 The Facts The Defendant was applying for a stay of Part 8 proceedings issued by the Claimant pursuant to the Arbitration Act 1996 or the inherent jurisdiction of a Court. The Defendant claimed that it had invoked […]

Joint Privilege [2011] EWHC 2583 (Admin) TEDR Volume 16 Issue 3 The Facts The Claimants and the interested parties were trying to assert joint interest legal privilege over various e-mails sent to them by their solicitor between February and June 2008. The case concerned legal advice privilege only. The Claimant and Mr Owen (one of the […]

Behaviour of Experts [2011] EWHC 1936 (TCC) TEDR Volume 16 Issue 3 The Facts The facts surrounded a catastrophic fire which destroyed the Claimant’s large confectionery factory in Pontefract. The issues surrounded the Defendant’s supply of a CO2 fire suppression system for the popcorn machinery where the fire broke out. It is not necessary for our […]

Failure to engage in mediation [2011] EWCA Civ 78 TEDR Volume 16 Issue 2 The Facts The case involved a building dispute between a home owner (Mrs Rolf) and a small builder (the Defendant). The builder was to carry out works to the garage and loft of the home. There were contractual terms for part payment. […]

The drafting of Experts’ reports [2011] EWHC 1669 (pat) TEDR Volume 16 Issue 2 The Facts This case concerned an action by the Claimant against the First Defendant for an alleged infringement of a patent. Technical expert evidence was thus required. The Issues The Court discussed and gave guidance upon the instruction of expert witnesses, particularly […]

Is expert evidence required to assist [2010] EWCA Civ 1444 TEDR Volume 16 Issue 1 The Facts This was a commercial case and involved the interpretation of a contract. The question which concerns us is whether or not a Court can take account of expert evidence on the issue of “market price” for the purposes of […]

Disclosure of an Expert’s report obtained during the pre-action protocol period [2011] EWCA Civ 136 TEDR Volume 16 Issue 1 The Facts During the pre-action protocol period in a personal injury action the Claimant had nominated three experts upon which he sought to rely. One of those experts was instructed but the Claimant did not wish to […]

The experience of an Expert [2011] EWHC 2422 (Comm), [2011] 2 CLC 523 TEDR Volume: 16 Issue: 1 The Facts This was an application to determine whether expert evidence might or might not be of assistance in a complex financial case where Credit Suisse had advised the Claimants to invest in some Structured Notes. The first attack […]

The independence of an Expert [2011] EWHC 474 (Ch) TEDR Volume: 16 Issue: 1 The Facts This involved an application by the Claimant, Meat Co against the Defendant, Dawn, to oppose an application by the Defendant to call a new expert witness. They wished permission to be refused on the basis that proposed expert was in possession […]

Privilege and Expert reports [2011] EWHC 268 (Comm), [2011] Lloyd’s Rep IR 544 TEDR Volume: 16 Issue: 1 The Facts The Defendants claim litigation privilege over various pieces of material that were obtained and prepared pre-proceedings. The law was not seriously in dispute but was helpfully reiterated. Issues When is a pre-action report privileged? The Decision The […]

Judge not entitled to reject expert evidence simply on the basis of his own experience but must give reasons as to why he does not accept it [2010] RTR 30, [2010] EWCA Civ 725 TEDR Volume 15 Issue 3 The Facts This was a case where a 13 year old boy, on his bicycle, cycled out […]

Scope of an Expert’s duty 119 BMLR 126, (2011) 119 BMLR 126, [2011] EWCA Civ 337 TEDR Volume 15 Issue 3 The Facts The main action involved a claim for alleged professional negligence on the part of solicitors and/or counsel in undersettling  a personal injury action brought by the Claimant arising out of a serious brain injury […]

Judge entitled to reject expert evidence on the basis of empirical, factual evidence [2010] EWCA Civ 1000 TEDR Volume 15 Issue 3 The Facts This was an appeal from Mostyn J. against an Order discharging all but one care Order in respect of 6 children who, thereafter, would return to their family home. The evidence before the Judge, […]

Expert criticised for changing opinion without justification 14th August 2009 (Sheffield County Court) TEDR Volume 15 Issue 2 The Facts This case involved a claim by the Claimant against five potential Defendants, all of whom employed him at some period or periods of his working life. His claim was for pleural thickening with restriction and respiratory […]

Expert criticised for manner in which evidence was presented [2010] EWHC 279 (QB) TEDR Volume 15 Issue 2 The Facts This was a road traffic accident claim where the Claimant and Defendant were each riding motorcycles along a single lane road but travelling in opposite directions. The facts of the accident were that they hit each other […]

Arbitration or Expert’s Determination [2009] ScotCS CSIH_79A TEDR Volume 15 Issue 2 The Facts The parties had entered into a contract relating to the proposed development of a multi -storey car park. The terms of that contract are of little relevance here, save to say that the contract contained several provisions for resolution of disputes, some […]

Immunity from Suit applicable to Experts – Libel Proceedings [2006] EWHC 1496 (QB) TEDR Volume 11 Issue 2 The Facts The applicant (V) had been instructed as an expert psychiatrist to prepare a report on T’s psychiatric condition and on any other matters within his expertise. T had agreed to the preparation of the report […]

Relevance of Expert Evidence to Limitation [2006] EWHC 1478 (QB) TEDR Volume 11 Issue 1 The Facts This was a claim between a GNER and its insurance broker (JLT) for a failure by the latter to obtain cover of a particular type. The claim in negligence was admitted by the insurance broker but it asserted […]

Court can prefer eye witness evidence to the expert’s opinion [2005] EWCA Civ 277 TEDR Volume 11 Issue 1 The Facts This case concerned two claimants who claimed that, whilst waiting at traffic lights in the centre of York, one of the Defendant’s buses collided with their car, and that they sustained back injuries as […]

Guidelines for Assessors [2005] EWHC 380 (Admlty), [2005] 1 Lloyd’s Rep 699 TEDR Volume 11 Issue 1 The Facts This was a case arising out of a collision between two vessels on the Orinoco River in Venezuela. The dispute was about fault for the collision, and an expert assessor had been appointed by the Court, […]

Crusading expert lacked evidence [2005] EWHC 920 (TCC) TEDR Volume 11 Issue 1 The Facts The Claimants in this case sought an order for removal of the Defendant mobile phone company’s mast which, at the time the claim was started, was situated next door to the Claimants’ home. The Claimants claimed that the mast, by […]

The effect of not stipulating the expert by name [2005] EWCA Civ 236 TEDR Volume 11 Issue 1 The Facts This was a claim for damages for breach of a covenant of quiet enjoyment. Liability had been established and the remaining issue was assessment of damages. At a case management conference the judge had given […]

The fascinating case of a without prejudice threat [2005] Reported in Lawtel (a decision of Lewison J in the High Court, Chancery Division) TEDR Volume 11 Issue 1 The Facts The Claimants had issued proceedings for the return of documents and for injunctions restraining their use or dissemination. The action was stayed for mediation to […]

Medical experts reference and the consumer need for 2nd Expert [2006] 1 FLR 543, [2005] EWCA Civ 1247 TEDR Volume 11 Issue 1 The Facts The appellant parents (W) appealed against an order made in care proceedings brought by the Oldham Met Borough Councul in relation to their son. After the conclusion of the first […]

Practical approach for Experts’ access [2004] EWCA Civ 1311 TEDR Volume 11 Issue 1 The Facts This case involved a man who had been found to have committed some acts of sexual abuse against his own daughter, and the daughter of his partner. He had a further nine children with his partner, some very young. […]

The discretion to allow further Expert Evidence to be obtained [2007] UKEAT 0196_07_1810 TEDR Volume 12 Issue 3 The Facts The proceedings consist of a claim presented to the Employment Tribunal on 30th November 2005 by Ms Stevenson against her employers, MDDC, in which she complains of unfair dismissal, disability discrimination and failure, in breach […]

The Employed Expert and how to Overcome a Lack of Independence [2007] EWHC 2245 (Ch) TEDR Volume 12 Issue 3 The Facts The case involved the calling of both factual and expert witnesses to provide evidence and some witnesses who gave both factual AND expert evidence. The Issues The issues in the case arose out […]

Guidance for Experts in Family (and possibly other) Matters [2007] EWHC 136 (Fam), [2007] 2 FLR 597 TEDR Volume 12 Issue 2 The Facts The court was asked to determine certain facts and make recommendations, and in particular to make some findings in respect of an expert (F) in paediatric neuro-radiology, arising out of concluded […]

Another case of misuse of statistics by an Expert [2007] EWCA Civ 290 TEDR Volume 12 Issue 2 The Facts Mr. Miah was 26 years of age and suffered from severe athetoid cerebral palsy. This was brought about in the final stages of labour when he was born. It was a catastrophic case of cord […]

Expert adviser investigation [2006] EWHC 3277 (Admin) QBD (Admin) (Davis J) 21/12/2006 TEDR Volume 12 Issue 1 The Facts The claimant, the Singapore Medical Council (“SMC””, applied for judicial review of a decision of the GMC to cancel the referral of a charge to its Fitness to Practise Panel against the interested party ” Professor […]

Potential Conflicts of Interest Bristol County Court (Recorder Moxon-Browne QC) 26th January 2007 TEDR Volume 12 Issue 1 The Facts The appellant appealed against a case management decision giving him permission to rely on an expert’s report subject to the disclosure to the defendants of an earlier report from a different expert. The claimant had […]

The confused case of the meeting of experts and mediation [2006] EWHC 2338 (TCC) TEDR Volume 12 Issue 1 The Facts This was a building dispute which went to litigation. In the course of the litigation HHJ Thornton QC made a direction that: “By 23.9.05 the parties’ architectural experts ….do meet without prejudice and prepare […]

Relevance of Expert Evidence to Limitation [2007] EWCA Civ 66 TEDR Volume 12 Issue 1 The Facts In September 2001 the claimant sustained an accident at work when he fell into a 2 feet deep hole. His foot became trapped and he suffered a wrenching injury to the right knee. He had some previous history […]

Interpretation of documents is the judge’s job [2008] EWHC 185 (Ch) TEDR Volume 13 Issue 3 The Facts The case concerned the pension scheme set up by the Claimant for the benefit of its employees. The case revolved around construction of the scheme relating to its funding. Each party produced expert actuarial evidence. The Issues […]

Lay Witness with expert knowledge [2008] EWHC 2220 (TCC) TEDR Volume 13 Issue 3 The Facts This review concerns the status of the evidence of a Mr Taylor at the final trial of the extensive litigation arising out of the construction of the “new” Wembley Stadium. Mr Taylor gave his evidence by way of witness […]

Experts need knowledge Lawyers do not have [2008] EWCA Civ 842 TEDR Volume 13 Issue 3 The Facts This matter arose out of opposition proceedings pursuant to the Trade Marks Act 1994. The opponents (Direct Line) contended that the mark sought to be registered (a computer mouse with wheels (of undetermined colour) for insurance and […]

SJE – tests for allowing additional Experts [2008] UKEAT 0591_07_2105 TEDR Volume 13 Issue 3 The Facts Mr Saunder brought a claim against his employers, Birmingham City Council alleging 48 individual complaints of unlawful racial discrimination. Three of those complaints were upheld by the Employment Tribunal and Birmingham City Council was found liable for those […]

Cumbria Waste Management and Lakeland Waste Management sue their former solicitors for negligence in waste management agreement. Can the solicitors access confidential mediation documents? Court ruling emphasizes the importance of without prejudice communication and upholds confidentiality agreement.

Expert Determiners need to know what they are doing [2008] EWCA Civ 1 TEDR Volume 13 Issue 2 The Facts This appeal concerned whether a certificate issued by an expert for a determination pursuant to a lease was valid and therefore binding. The lease was of commercial premises part of which involved an area where […]

Expert should only see documentation relevant to issues [2008] EWCA Civ 365 TEDR Volume 13 Issue 2 The Facts The local Authority were seeking a Care Order relating to the fifth child of a couple. The first four children were already the subject of Care Orders. Accordingly, there was a great deal of material which […]

Expert’s Report once disclosed can be used by others [2008] EWHC 123 (TCC) TEDR Volume 13 Issue 2 The Facts The case involved a fire. There were multiple parties. The issue was, essentially, who and what caused the fire and, whether that party bore any liability. Each Defendant and the Claimants had permission to instruct […]

Expert Determination – the dangers of (inadequate) reasons [2007] EWHC 503 TEDR Volume 13 Issue 2 The Facts The parties agreed to refer their dispute for determination by an Expert. They agreed the Umpire’s terms of reference, which included terms that: 1. The decision would be binding on the parties save in the case of a […]

The burden of proof and the remit of the Expert [2007] EWCA Civ 1433 TEDR Volume 13 Issue 1 The Facts This case concerned a Claimant who had sustained a hip injury during an accident at work. The Claimant’s own evidence, and thus her case, was that she continued to suffer pain long after the […]

Expert evidence – Judge preferring the evidence of one Expert to that of another EWCA Civ 1261 [2007] TEDR Vol 13 Issue 1 The Facts Mr Cookson had worked for Novartis in the production of dye-stuffs, including azo-dyes, for some years during the 1960’s. He had developed bladder cancer and alleged that the condition was […]

Written Expert evidence and its evidential weight EWCA Civ 1363 [2007] TEDR he Facts This was a sorry case concerning the residence of three children. Originally, they had resided with their mother until the mother’s alcohol dependence resulted in the children’s’ father removing them from their Midlands home to London. He cared for them there […]

When is an Expert not an expert? [2009] EWHC 2823 TEDR Volume 14 Issue 3 The Facts The Appellant (Defendant) was originally prosecuted for environmental offences. All four complaints were dismissed after the close of the Prosecution case. The Appellant had obtained an Expert’s report. It had been of considerable assistance to the Appellant during […]

Professional Negligence of the Expert Witness [2010] EWHC 61 (QB) TEDR Volume: 15 Issue: 1 The Facts The Defendant (a Consultant Clinical Psychologist who had acted as a forensic expert in Psychology within a personal injury action on behalf of the Claimant) sought to strike out a claim issued against her for professional negligence in the preparation of […]

Is the Conduct of an Expert Relevant to Costs? [2009] EWHC 1837 (QB) The Facts Mrs Williams brought a claim for personal injuries sustained by her during a road traffic accident. The litigation was lengthy and, as the Judge found, conducted at “high temperature”. Mrs Williams claimed, amongst other things, to have sustained an injury […]

Accident Reconstruction Evidence [2009] EWHC 704 (QB)  The Facts Mr Stewart sustained a serious brain injury when he, a pedestrian, was struck in the early hours of the morning by a motor vehicle driven by Mr Glaze. The evidence was that Mr Stewart was sitting at a bus stop with his friend. They had been […]

Is the decision of a Joint Expert Final? [2009] UKEAT 0284_08_2001 The Facts Mrs Grant contended that she was a disabled person within the meaning of the Disability Discrimination legislation. Whether she was disabled was tried as a preliminary issue and a psychiatrist was jointly instructed to report. The Joint Expert’s view was that she […]

Expert Determination (Ireland) [2009] IEHC H419 (High Court, Ireland) The Facts The two parties had entered into a commercial contract (in three separate agreements, two long and one short). The Defendant was paid by the Plaintiff to support and maintain various software. In doing so, the Defendant was to place the source code for certain […]

Stay of Arbitration Proceedings [2008] EWCA civ 1283 TEDR Vol 14 Iss 1 The Facts By lease, the Corporation of London let business premises on New Bond Street to ALC Press Inc., a Japanese Company, in 1998. By a clause in the lease, both parties submitted to “the non-exclusive jurisdiction of the competent courts of […]