Page 4 - EMRCR COURSE OUTLINE

5. The importance of setting out a reasoned conclusion

5.1. The process of reasoning / making an argument
5.2. The basic structure of an argument

5.3. Requirement of a “reasoned conclusion”: Coopers (SA) (Pty) Ltd v Deutsche
Gesellschaft Für Schädlingsbekämfung

5.4. Assessment of facts: R v Turner

6. How the courts approach the question of who the ultimate decision-maker is in

regard to the evidence of expert witnesses
6.1. The function of an expert: Glenn Marc Bee v The Road Accident Fund

6.2. Determination of reasonableness and negligence: Michael v Linksfield Park
Clinic

6.3. The rule against “usurping the functions of the court” and the “ultimate issue
rule”

7. The recommended structure of an expert report in order to comply with the

regulatory and compliance requirements
7.1. The structure of the expert report

7.2. How the structure of the expert report promotes compliance and promotes

logical reasoning

8. Dealing with expert credentials
8.1. The requirement that expert credentials must be established: Menday v Protea

Assurance Co. Ltd
8.2. General and specific qualifications

8.3. The need for caution in establishing expert credentials

9. The duties of the expert witness as required by the South African courts

9.1. The fundamental duties of expert witnesses: National Justice Compania
Naviera SA v Prudential Assurance Co Ltd (The 'Ikarian Reefer')

9.2. The duty to co-operate: Graigola Merthyr Co Ltd v. Swansea Corporation