SCIENCE

The Management of Expert Evidence for use by Courts and Tribunals: Concurrent Expert Evidence

Gaetano Pagone

Proposition de citation: Gaetano Pagone, The Management of Expert Evidence for use by Courts and Tribunals: Concurrent Expert Evidence, in : «Justice - Justiz - Giustizia» 2015/4

The purpose of this paper is to raise issues for discussion about the use of non-legal expert knowledge and skills in judicial decisions. The topics chosen in the paper are intended to be some which arise in all jurisdictions, although they may be known differently in different jurisdictions and the topics themselves may overlap in different ways. The intention is for the paper to spark discussion and debate about the general issues raised by a consideration of the topics.

Table des matières

A. Objectives
B. Expert Evidence
C. Admissibility of Expert Evidence in Judicial Proceedings
- What
- Who
D. The Expert’s Duty of Independence
- Selection
- Payment
- Preparation of report
E. Role of the Court in Gathering Expert Evidence
F. Identification of the Questions for the Expert
G. Intellectual Basis of Expert Opinion
H. Concurrent Evidence
- Management of concurrent evidence
I. Special assessors and deliberations between judge and expert in camera
Appendix A (Pre-Checkliste)
Appendix B (Practice Note CM 7)
Appendix C (Rules 2005)
Appendix D (Guidelines)