Page 5 - EMRCR COURSE OUTLINE
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10. What to do when the expert feels that there is insufficient data or information
available
10.1. The expert’s duty to the court: Twine v Naidoo
11. How to satisfy yourself that the test for the independence of an expert has been met
11.1. Lord Woolf’s test for independence
12. The instructions which the expert witness receives, and what should be contained
in proper instructions
12.1. Considerations before accepting instructions
12.2. Recommended content of instructions to experts
13. Challenges which the expert witness may face in compiling a report, and how
situations should be dealt with by informing those instructing them of a challenge
13.1. How to deal with inadequate instructions
14. How to canvass an issue which is the subject of debate within the field of the expert
and which impacts on the report
14.1. The approach to issues which are the subject of debate
14.2. Debates in published sources
14.3. Debates where no source is available
15. The distinction between making assumptions and engaging in conjecture or
speculation
15.1. Applicable principles: Govan v Skidmore
16. The approach of the courts to the difference between the scientific and the judicial
measure of proof
16.1. Section Learning Outcomes
16.2. The courts’ approach to the correct measure of proof: Michael v
Linksfield Park Clinic
16.3.
