APPOINTMENT AS AN EXPERT WITNESS

Expert witnesses can be appointed to their role in three ways:-

(a) On behalf of one of the parties to the dispute;

(b) By agreement between each of the parties to a dispute as a single expert; or

(c) By appointment by the Court as a single expert.

Appointment in the above three ways should be distinguished from someone being required to give evidence as a treating specialist, which is much more akin to providing lay evidence as to the history of treatment of a patient as a treating practitioner. Such witnesses are not expected to comply with the Expert’s Code of Conduct (which will be discussed later in this module) or maintain impartiality to the same degree, because their primary role has been that of a treating practitioner providing for the welfare of the patient.