Expert Witness Commissioning Questionnaire: What Information Is Needed Before a Dispute Report
If you are thinking about trying to resolve a particular issues regarding a failed project such as a landscaped garden, it can be daunting when seeking advice and information.
When contacting an expert witness, it is useful to understand the necessary process and questions you may be asked from the outset. The consultant is obliged to follow a strict routine to ensure that the correct information is collected and recorded from first contact to reduce the chances of any misunderstandings that may affect the commission.
When opening the enquiry, it is helpful to have an understanding of the type of essential information that is likely to be required. Expert witnesses cover a very wide range of subjects, and may different sets of circumstances, each having their own conclusions. Making sure that the correct pathway is followed is critical.
There are two primary types of report used in disputes situations; a Statement of Opinion (SO) which may be Court’s compliant if used as a pre-action document, or Civil Procedure Rules Part 35 (CPR Pt35) which is fully Court’s compliant.
Questions
- What is your name and address?
- Are you the Complainant (Plaintiff) or Defendant?
- How did you find my details?
- What is the nature of your problem?
- What is the value of your claim?
- Do you have a solicitor?
- Was any part of any payment made by credit card?
- Is the contractor a member of a recognised Trade Association?
- What is the value of any outstanding payments due?
- Do you have household insurance legal cover?
These ten questions are crucial to the consultant, and they will serve as a guide to deciding how best to proceed. Expert witnesses are not able to offer legal advice, although they can make recommendations that may alleviate or reduce the requirement for formal reports, or introduce other means of resolution including involving Third Parties such as Trade Associations, Consumer Credit Act 1974 or insurance company involvement.
Claim values under £10,000.00 fall under the Small Claims Court, whilst those over £10,000.00 are treated differently, and often benefit from the engagement of a solicitor due to potential costs, which may be several times the claim value. Many disputes fail before they reach Court, not because of the facts in the case, but because the right questions were not asked.
Expert witnesses are not solicitors, or advocates. They act as the ‘eyes and ears’ of the Court, providing evidence that others may require when making their decisions.
