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Proposal 39
Measures aimed at countering lack of independence and impartiality among expert witnesses
should be adopted :-
(a)
Declaring the supremacy of the expert's duty to assist the court over his duty to
the client or the person paying his fees.
(b)
Emphasising the impartiality and independence of expert witnesses and the
inappropriateness of experts acting as advocates for a particular party.
(c)
Annexing a code of conduct for expert witnesses and requiring experts to
acknowledge their paramount duty to the court and a willingness to adhere to
the code of conduct as a condition for allowing expert reports or evidence to be
received.
(d)
Requiring expert reports prepared for use by the court to state the substance of
all material instructions conveyed in any form, on the basis of which the report
was prepared, abrogating to the extent necessary, any legal professional
privilege attaching to such instructions, but subject to reasonable restrictions
on further disclosure of communications between the party and such expert.
(e)
Permitting experts to approach the court in their own names and capacity for
directions without notice to the parties, at the expense of one or all of the
parties, as directed by the court.
Proposal 39 addresses the other major concern, namely that of partisan experts. Five
particular measures, listed as Proposals 39 (a) to 39 (e)
above, were floated for
consultation.
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