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Overriding Duty to the Court

Definition

The principle in English and Welsh law, codified in the Criminal Procedure Rules and the Civil Procedure Rules, that an expert witness owes a higher duty to the court than to the instructing party. The expert must assist the court impartially and must not act as an advocate.

Jurisdiction
England and Wales
Codified in
Criminal Procedure Rules, Civil Procedure Rules
Core principle
Duty to the court outweighs duty to the instructing party
Prohibits
Acting as an advocate for one side

Common questions

What happens if an expert witness breaches the overriding duty to the court?+

The court can disregard or give reduced weight to the expert's evidence, and repeated or serious breaches can lead to the expert being reported to their professional body or barred from giving evidence in future cases.

Does this duty mean the expert cannot be paid by one party?+

No, experts are routinely instructed and paid by one side, but payment must not affect the content of their opinion. The rules require the expert to state their opinion is independent of the pressures of the litigation, regardless of who is paying.

Related terms

Basis of Opinion
The underlying data, facts, or methodology on which an expert opinion rests. Courts require disclosure of the basis so the opposing party...
Concurrent Evidence
Also called 'hot-tubbing': a procedure, common in Australian courts and used experimentally in England, where opposing experts give evidence simultaneously, respond to...
Cross-Examination
Questioning of a witness by the opposing party. For an expert, cross-examination probes qualifications, methodology, the basis of opinions, limitations, inconsistencies with...
Examination-in-Chief
The questioning of a witness by the party who called them. For an expert, this is typically limited because the substance is...
Expert Witness
A person whose specialised knowledge is accepted by a court and who gives opinion evidence, not just factual evidence. Forensic auditors frequently...
Gatekeeping (Daubert)
The duty of a US federal trial judge under Federal Rule of Evidence 702 and the Daubert line of cases to assess...
Opinion Evidence
Testimony about an inference or conclusion drawn from facts, rather than direct observation. Expert opinion is a recognised exception to the general...
Section 45, Bharatiya Sakshya Adhiniyam 2023
The Indian statutory provision permitting courts to consider the opinion of persons specially skilled in foreign law, science, art, handwriting, or finger...
Ultimate Issue
The central question the court must decide: guilty or not guilty, liable or not liable. Traditionally experts were prohibited from expressing opinions...
Ultimate-Issue Rule
The traditional prohibition on an expert stating an opinion on the very factual question the court must decide, on the ground that...

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