Civil Procedure Rules - Expert Witness Testimonies - Slip Injury Testing

What our Customers say…”FloorSlip is one of the best sources for information and services on Floor Safety and Floor Testing …and the Expert Witness reports for Slip Injury Lawyers are clear and unequivocal to assist in winning cases”

WHERE WE FLOOR TEST

Cheap Floor Tests for Businesses and Lawyers available in In all Major UK Cities and nearby Towns including  Floor Testing  in Scotland – Aberdeen, Glasgow, Edinburgh, Perth, Stirling, Inverness and fife / Floor Safety Risk Assessments in North East England – Middlesborough, South Shields, Newcastle, Stockton on Tees, Darlington / Floor Pendulum Testing in North West England – Manchester, Lancaster, Liverpool, Runcorn, Preston, Blackpool, Blackburn Bury, Bolton, Warrington, Widnes, St.Helens (Cheshire) Birkenhead, Ellesmere Port, Chester, Crewe, Oldham, Stockport, Trafford Park. Rochdale, Congleton, Sandbach Macclesfield, / Floor Pendulum Tests in Wales in Cardiff, Newport, Swansea, Colwyn, Rhyl, Bangor / Pendulum Floor Slip Tests in Northern Central England – Sheffield, Leeds, Bradford (Yorkshire), Rotherham, Wakefield, / Slip Resistance Testing in East England in Hull, Humberside and Lincoln / BS7976-2 Pendulum Tests in the Midlands in– Nottingham, Derby, Rugby, Stoke, Stafford, Birmingham, Wolverhampton, Worcester, / Pendulum Flooring Tests in Central England – Northampton, Rugby, Derby, Oxford, Cambridge, Peterborough / HSE and BS7976 Approved Floor Testing in London and Home Counties – Watford, Milton Keynes, St.Albans, Cambridge, Newbury, Reading, Andover, Heathrow / Slip Injury Floor Tests in South England – Portsmouth, Brighton, Eastbourne, Southampton, Bournemouth, Salisbury, Isle of Man /  Floor Testing in Slip Accident Claims in South West England – Swindon, Bristol, Bath, Plymouth, Exeter, Falmouth, Cheltenham, Gloucester, Taunton, Warwick / Cheap Floor Testing in South East England – Dover, Margate, Rochester, Folkestone, Hastings, Tunbridge Wells,



FloorSlip Ltd – Head Office - Preston UK - Registered Limited Company 07757686



UK Specialists in H&S Approved Floor Pendulum Testing for Businesses and Expert Witness Services for Slip Injury Lawyers

FloorSlip

``
Phone or Text    UK North  07774  32 32 67       UK South  07506  55 99 52 Email: - Info@floorslip.co.uk

You are here

SiteMap

Link to FloorSlip Site Map of Floor Testing

Having problems viewing our new pages? Try clearing your browser cache

Rules for Expert Witness Testimony in cases concerning Civil Procedure Rules (CPR35) & Crown Office and Procurator Fiscal Services (COPFS)


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 as a ‘CPR35 Compliant’ report (UK) or COPFS Compliant Report (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


Briefly put - the Written Testimony Will State: -

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


OVERVIEW

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 UK MINISTRY OF JUSTICE expectations of: - PRACTICE DIRECTION 35 – EXPERTS AND ASSESSORS - CIVIL PROCEDURE RULES











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


Guidance for the instruction of Experts in Civil Claims

https://www.judiciary.uk/wp-content/uploads/2014/08/experts-guidance-cjc-aug-2014-amended-dec-8.pdf


Civil Procedure Rules

http://www.justice.gov.uk/courts/procedure-rules/civil/rules/part35


Civil Procedure Rules – Practise Direction

http://www.justice.gov.uk/courts/procedure-rules/civil/rules/pd_part35


Civil Procedure Rules – Practise Direction – Protocol for the Instruction of Expert Witnesses to give evidence in civil claims

http://www.justice.gov.uk/courts/procedure-rules/civil/contents/form_section_images/practice_directions/pd35_pdf_eps/pd35_prot.pdf



In SCOTLAND


COPFS (CROWN OFFICE AND PROCURATOR FISCAL SERVICE) GUIDANCE BOOKLET FOR EXPERT WITNESSES; THE ROLE OF THE EXPERT WITNESS AND DISCLOSURE

 









Which can be found online at (Jul 18): -


COPFS guidance booklet for Expert Witnesses

http://www.crownoffice.gov.uk/images/Documents/Prosecution_Policy_Guidance/Guidelines_and_Policy/Guidance%20booklet%20for%20expert%20witnesses%20%20June%2015.pdf


Crown Office

http://www.copfs.gov.uk/



SUMMARY of the Procedural Rules for England, Wales, N. Ireland and Scotland


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: - If the subject matter in question, as part of a recognised body of science or experience, is acknowledged as being useful and reliable and outside of general understanding of the layman and without which it would be difficult to reach a sound conclusion.


- Also to determine whether the experts:

(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


- SHALL…be addressed to the court and not to the party from whom the expert has received instructions.

- SHALL…state the substance of all material instructions, whether written or oral, on the basis of which the report was written.

- SHALL…briefly summarise at the start of the report the findings; followed up with final conclusions post material statements

- SHALL…record data and evidence from the time instructions are received and continue recording until the end of involvement in the case; all relevant material to be made available to the court if requested.


An expert’s report – In respect to Impartiality

- SHALL…assist the court by providing objective, unbiased opinions on matters within their expertise and this duty overrides any obligation to the person instructing or paying them or other standards set by any professional organisations to which they belong. (A useful test of ‘independence’ is that the expert would express the same opinion if given the same instructions by another party).

- SHALL…not assume the role of an advocate

- SHALL…be the independent product of the expert uninfluenced by the pressures of litigation

- SHALL…consider all material facts, including those which might detract from their opinions, but only those facts material to the dispute

- SHALL…make clear which of the facts stated in the report are within the expert's own knowledge

- SHALL…make it clear: -

(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

- SHALL …where there is a range of opinion on the matters dealt with in the report: -

(a) Summarise the range of opinions; and

(b) Give reasons for the expert's own opinion

- SHALL…If the expert is not able to give an opinion without qualification, state that it is the unqualified opinion only of that expert

- SHALL NOT…express a view in favour of one or other disputed version of the facts unless, as a result of particular expertise and experience, they consider one set of facts as being improbable or less probable, in which case they may express that view and should give reasons for holding it

- SHALL NOT…disregard evidence because it does not fit with the conclusion and to explain why material has been rejected

- SHALL…NOT BE ASKED TO AMEND, EXPAND OR ALTER ANY PARTS OF REPORTS IN A MANNER WHICH DISTORTS THEIR TRUE OPINION, but may be invited to do so to ensure accuracy, clarity, internal consistency, completeness and relevance to the issues


An expert’s report – In respect to Facts

- SHALL…give details of the expert's qualifications

- SHALL…give details of any literature or other material which has been relied on in making the report; stating the source and bibliography of references used and if updates to the original source material has been provided

- SHALL…say who carried out any examination, measurement, test or experiment which the expert has used for the report; give the qualifications of that person, and say whether or not the test or experiment has been carried out under the expert's supervision


An expert’s report for ease of reading in lengthy reports - In respect to Conclusions

- SHOULD…Create an initial summarising statement / conclusion; also

- SHOULD…Create a final detailed statement / conclusion


An expert’s report – In respect to Conclusions

In England and Wales

- SHALL…contain a statement setting out the substance of all facts and instructions which are material to the opinions expressed in the report or upon which those opinions are based

- SHALL…State: -

(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, 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 - I confirm that I have made clear which facts and matters referred to in this report are within my own knowledge and which are not. Those that are within my own knowledge I confirm to be true. The opinions I have expressed represent my true and complete professional opinions on the matters to which they refer.

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

(a) SHALL…make an ‘EXPERT WITNESS DECLARATION: “I confirm that I have read the guidance contained in the ACPOS(1) Disclosure Manual(2) which details my duties as an expert witness in assisting the Crown to discharge its disclosure obligations. I have followed the guidance and recognise the continuing nature of my responsibilities”.


Signed and Dated


Note (1)

ACPOS – Association of Chief Police Officers in Scotland.


Note (2) http://www.crownoffice.gov.uk/images/Documents/Prosecution_Policy_Guidance/Guidelines_and_Policy/Guidance%20booklet%20for%20expert%20witnesses%20%20June%2015.pdf And crownoffice.gov.uk - link http://www.copfs.gov.uk/





CPR35 and COPFS Expert Witness Rules