- An expert witness should state the facts or assumption upon which his opinion is based. He should not omit to consider material facts which could detract from his concluded opinion.
- An expert witness should make it clear when a particular question or issue falls outside his expertise.
- If an expert’s opinion is not properly researched because he 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.
- If, after exchange of reports, an expert witness changes his 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.
Mr V did not comply with these duties, and was likely not aware of them or had had them explained. Coulson J wryly concluded: “For him, it might be said that The Ikarian Reefer was a ship that passed in the night.”
Imperial Chemical Industries
The case of Imperial Chemical Industries Ltd v Merit Merrell Technology Ltd [2018] EWHC 1577 (TCC) involved a long running dispute concerning an employer’s repudiatory breach of contract relating to works at a paint processing plant in Northumberland. A trial on liability had already taken place, finding a balance due to the contractor. This was the trial on quantum, heard by Mr Justice Fraser.
Mr K was the expert quantity surveyor appointed by the employer (“ICI”). He was instructed to consider the correct valuation of the works carried out by the contractor (“MMT”). The contract