FloorSlip Ltd – Head Office -
UK Specialists in H&S Approved Floor Pendulum Testing for Businesses and Expert Witness Services for Slip Injury Lawyers
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FloorSlip specialise in the preparation of Expert Witness Floor Testing Reports in slip injury claims. The reports are used as evidence in the UK and Scottish courts by slip injury lawyers and solicitors etc. This type of report is known in England as a ‘CPR35 Compliant’ report or simply a Court Compliant Report in Scotland and must be prepared following procedures laid down by the Courts / Government providing an unbiased account of the events.
Briefly this means FloorSlip will act truthfully and unbiased to provide expert testimony and the testimony will contain findings, facts, opinions, statements and qualification, which comply with the respective Justice Departments Rules. The expert will help the court by giving objective, unbiased opinion on matters within his or her expertise and this duty overrides any obligation to the person from whom he receives instructions or by whom he is paid. The expert and any person who carried out the test may be expected to appear in court to justify the report and their findings and defend and prove their position as expert A description of what constitutes an expert witness and expert testimony can be found by clicking HERE
a. A summary of the findings and conclusions reached
b. Detail of the findings on which the expert relied
c. A summary of the range of opinions (where there is a range of opinion) and give reasons for his or her own opinions and to state the qualification where opinion has been given with reference to qualification
d. The details of any literature or other information which the expert has relied on in making the report
e. A bibliography of references to standards, test methods, recommending authorities and regulatory compliance
f. The facts given to the expert which are material to the opinions expressed in the report, or upon which those opinions are based and make clear which of the facts stated in the report are within the expert’s own knowledge
g. Whether or not the testing was carried out by the expert or under the expert’s supervision and, where relevant, state the reasons why a test, when not conducted by the expert, was not supervised
h. The qualifications, relevant experience and accreditation of the expert(s) and any person who carried out any examination, measurement, test or experiment
i. That the expert understands his duty to the court, and will sign to say he or she has complied and will continue to comply with that duty and will declare the information is true
Both England (Including Wales) and Scotland lay down the same or very similar criteria for Expert Witnesses (Formerly known as ‘Skilled Witness’ in Scotland) in providing Expert Opinion Evidence.
When providing Expert Opinion Evidence FloorSlip adheres to: -
In ENGLAND and WALES
The following links will takes you to respective websites (correct Jul 18)
You are always advised to view the latest rules on line as they are always subject to change and amendments, which may not be reflected in the web page detail found below
Scotland do not have CPR35 rules but the practice direction is virtually the same as applied in the English CPR35, which expects truthful, unbiased and impartial reporting and FloorSlip declare as such when a report is produced.
The information below summarises and paraphrases the most poignant and relevant points of the aforementioned documents for England and Scotland to assist the reader in understanding FloorSlip’s position when (a) Conducting Floor Slip Tests and Assessments; and (b) In preparing Reports. The full contents of the rules may be found in details at the web addresses detailed. Wherever possible, FloorSlip try to ensure they meet the latest changes and clauses.It should be noted – The points below do not identify the specific section numbers of the said documents but simply summarise in a logical order that which is expected.
REQUIREMENTS – GENERAL
Before experts are instructed or the court’s permission to appoint named experts is sought, it should be established: -
(a) Have the appropriate expertise and experience for the particular instruction and properly capable of reaching and justifying the opinions offered and can demonstrate a sufficiently authoritative understanding of the theory and practice of the subject.
(b) Are able to present evidence including published works where a judge or jury would be unable to reach a sound conclusion without the help of the specialised knowledge or experience.
(c) Are familiar with the general duties of an expert
(d) Can produce a report, deal with questions and have discussions with other experts within a reasonable time, and at a cost proportionate to the matters in issue; and if after producing a report an expert's view changes on any material matter or is in receipt of new information, then communication of the changes SHALL be made to all the parties without delay the nature of that change, and to the court when appropriate.
(e) Are available to attend the trial, if attendance is required
(f) And have no potential conflict of interest
(g) [In England and Wales] Where possible, matters requiring expert evidence should be dealt with by only one expert; separate or joint experts may be considered where doing so will assist more effectively for reasons of time, opinion, complexity and cost.
An expert’s report – In respect to Legislation
An expert’s report – In respect to Impartiality
(a) When a question or issue falls outside their expertise; and
(b) When they are not able to reach a definite opinion, for example because they have insufficient information
(a) Summarise the range of opinions; and
(b) Give reasons for the expert's own opinion
An expert’s report – In respect to Facts
An expert’s report for ease of reading in lengthy reports -
An expert’s report – In respect to Conclusions
In England and Wales
(a) The expert(s) understands their duty to the court, and has complied with that duty; and
(b) Is aware of the requirements of Part 35 (England), this practice direction and the Guidance for the Instruction of Experts in Civil Claims 2014; and
(c) Declare a ‘STATEMENT OF TRUTH’ exactly as shown -
Where a CPR Report / ‘Statement of Case’ are amended, the amendments must again be verified by a STATEMENT OF TRUTH unless the court orders otherwise.
In Scotland, FloorSlip declare: -
…it is my overriding duty to assist the Court in matters within my expertise, and that this duty overrides any obligation to those instructing me or their Clients.
...I will make clear which facts and matters referred to in this report are or are not within my own knowledge.
…those opinions which I express that are within my own knowledge will be my true and complete professional opinions on the matters to which they refer.
Signed and Dated