The Advocate: Experts - Judges Need to Bring Real Change

September 1, 2015

An expert in a trial is a witness who, unlike most witnesses, is permitted to give opinion evidence. These special witnesses are given such a privilege because they have demonstrated to the court that they “have acquired special or peculiar knowledge through study or experience in respect of matters on which he or she undertakes to testify”. These witnesses are to be independent, in the sense that their primary duty is to assist the court and not to advocate for a party. This duty was described aptly by Mr. Justice Finch (as he then was).

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