Expert evidence is often an essential component to assist the parties involved in the
resolution of any dispute. Critically, it is important to ensure that any such opinion is given
entirely objectively and unbiased notwithstanding the party from whom instructions have
been received.
This is the overriding duty owed by the Expert to the Court, ensuring that in the
preparation and submission of such evidence it is given entirely within the Experts sphere
of knowledge and in a manner which will assist the Court in the final determination of an
action.
Experts are required to adhere to the High Court Practice Directions which include best
practice as set out in the Code of Practice for Experts issued by the relevant professional
bodies. Importantly the Practice Directionsidentify the scope of such duties known as the
Ikarian Reefer Rules (click here
).
Notwithstanding the preparation of a case for Hearing, the Expert should have regard to
the key objective of the Court which will be to encourage the exchange of opinion that
will enable the parties, if at all possible, to avoid the need for litigation.
Insurance Disputes
Frequently disputes arise in connection with insurance related claims providing either
liability and/or property cover including business interruption.
The range of issues arising
can relate to: -
1. Quantum – Dispute on the level of compensation on offer.
2. Underinsurance – The responsibility of brokers in arranging covers.
3. Policy interpretation – Opinion on the cover given the policy construction.
4. Liability – Consideration into causation and responsibility.
5. Case Management – Reviewing insurers’ duties under contract and statute.
Our Experts in Northern Ireland have had extensive careers within the insurance industry and have operated as Expert Witnesses for a significant period and comply with the above duties and obligations.