APPOINTMENT ON BEHALF OF ONE PARTY

When an appointment as an expert witness takes place on behalf of one party the expert witness is engaged as that party’s expert and may have a far more consultative process in carrying out that role, subject to compliance with the Expert Witness Code of Conduct. Such an appointment often takes place with a view to obtaining a report that may only be used in Court if it is favourable to the party that has commissioned the report. In some cases the other party may never be aware that the report has been prepared. In other cases the other party may be aware that the report has been prepared but never have access to it because it is considered to be legally privileged. Legal privilege arises in circumstances where a client communicates with a Lawyer for the purpose of obtaining legal advice or when a Lawyer communicates with an expert in preparation of the case and it is agreed that those communications should not be made available to the other party to the dispute.