Cases - National Justice Compania Naviera SA v Prudential Assurance Co Ltd: The Ikarian Reefer

Record details

Name
National Justice Compania Naviera SA v Prudential Assurance Co Ltd: The Ikarian Reefer
Date
[1993]; [1995]
Citation
2 Lloyd's Rep 68 Commercial Court; 1 Lloyd's Rep 455, CA
Legislation
Keywords
Expert witness - negligence in valuations and surveys
Summary

In a case involving the loss of a ship following a fire, the judge gave a description of the duties of an expert witness, which has been routinely accepted in subsequent cases and which forms the basis of what is now set out in legislation (the Civil Procedure Rules).

The duties and responsibilities of expert witnesses in civil cases include:

  1. Expert evidence presented to the court should be, and should be seen to be, the independent product of the expert uninfluenced as to form or content by the exigencies of litigation.
  2. An expert witness should provide independent assistance to the court by way of objective, unbiased opinion in relation to matters within his/her expertise. An expert witness in the High Court should never assume the role of an advocate.
  3. An expert witness should state the facts or assumptions on which his/her opinion is based. He/she should not omit to consider material facts which could detract from his/her concluded opinion.
  4. An expert witness should make it clear when a particular question or issue falls outside his/her expertise.
  5. If an expert's opinion is not properly researched because he/she considers that insufficient data is available, then this must be stated with an indication that the opinion is no more than a provisional one. In cases where an expert witness, who has prepared a report, could not assert that the report contained the truth, the whole truth and nothing but the truth without some qualification, that qualification should be stated in the report.
  6. If, after exchange of reports, an expert witness changes his/her view on a material matter having read the other side's expert's report or for any other reason, such change of view should be communicated (through legal representatives) to the other side without delay and when appropriate to the court.
  7. Where expert evidence refers to photographs, plans, calculations, analyses, measurements, survey reports or other similar documents, these must be provided to the opposite party at the same time as the exchange of reports.