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(B) Code of Practice for Experts within Europe
Preamble
This Code of Practice shows minimum standards of practice that should be maintained by all
Experts. There are, in addition to the Code of Practice, General Professional Principles with
which an Expert should comply.
These include the Expert :-
Being a ‘fit and proper' person;
Having and maintaining a high standard of technical knowledge and practical experience
in their professional field;
Keeping their knowledge up to date both in their expertise and as Experts and
undertaking appropriate continuing professional development and training.
The Code
1.
Experts shall not do anything in the course of practising as an Expert, in any
manner which compromises or impairs or is likely to compromise or impair any of the
following :-
a.
the Expert's independence, impartiality, objectivity or integrity;
b.
the Expert's overriding duty to the Court or Tribunal;
c.
the good repute of the Expert or of Experts generally;
d.
the Expert's proper standard of work; and,
e.
the Expert's duty to maintain confidentiality.
2.
An Expert who is retained or employed in any contentious proceeding shall not
enter into any arrangement which could compromise his impartiality nor making his fee
dependent on the issue of the case nor should he accept any benefits other than his fee and
expenses.
3.
An Expert should not accept instructions in any matter where there is an actual
or potential conflict of interests. Notwithstanding this rule, if full disclosure is made under
the control of the judge or of those appointing him the Expert may in appropriate cases
accept instruction when those concerned specifically acknowledge the disclosure. Should an
actual or potential conflict occur after instructions have been accepted, the Expert shall
immediately notify all concerned and in appropriate cases resign his Appointment.
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