When acting as an expert witness, the expert provides independent and impartial opinion within their field of expertise and does not act as an advocate for the instructing party.
Before accepting an expert appointment, ICRS considers the expert's relevant expertise and experience, ability to act independently and impartially, any actual or potential conflict of interest, availability and the required timetable.
Where CPR Part 35 applies, the expert's duty is to help the court on matters within their expertise, and that duty overrides any obligation to the person instructing or paying them. The expert report must comply with CPR Part 35 and Practice Direction 35.
For adjudication and arbitration, the appointment and expert evidence are prepared to meet the applicable procedural requirements and directions.