Case Law Repository
A curated repository of significant judicial decisions addressing the duties, admissibility and conduct of expert witnesses in construction and engineering disputes.
Expert Evidence
The role and duties of expert witnesses have been the subject of considerable judicial attention across common law jurisdictions. The following cases represent decisions of significance addressing the admissibility of expert evidence, the overriding duty to the court or tribunal, the consequences of bias or partisanship, and the procedural requirements governing expert testimony.
This repository is maintained as a reference resource for legal practitioners and expert witnesses. For detailed analysis of recent decisions, refer to our Insights & Case Reviews page.
Australia
Australian courts have developed a substantial body of jurisprudence governing expert evidence, informed by the Evidence Act 1995 (Cth), the Uniform Civil Procedure Rules, and the Expert Witness Code of Conduct adopted across federal and state jurisdictions.
Leading authority on the admissibility of expert opinion evidence under the Evidence Act 1995. Heydon JA (as His Honour then was) established the requirement that expert evidence must demonstrate the factual basis for the opinion, the expert’s qualifications, and the reasoning process by which the opinion was reached.
High Court of Australia decision clarifying the requirements of section 79 of the Evidence Act 1995 for the admission of expert opinion evidence. Confirmed that there must be a demonstrated connection between the expert’s specialised knowledge and the opinion expressed.
Addressed the boundaries of expert opinion evidence and the distinction between expert testimony and advocacy. Considered the circumstances in which an expert’s opinion may be excluded on grounds that it usurps the function of the tribunal of fact.
Extensive consideration by Austin J of the admissibility and weight of expert evidence in commercial litigation. Addressed the requirement for transparency in the expert’s methodology and the consequences of adopting an advocacy role.
Addressed the duty of expert witnesses to the court and the consequences of an expert failing to comply with the Code of Conduct, including the potential exclusion of expert evidence and costs consequences.
Court of Appeal consideration of the requirements for expert reports to comply with the Expert Witness Code of Conduct and the consequences of non-compliance, including the rejection or diminished weight of expert evidence.
Addressed the role and duties of construction experts in building defects litigation, including the methodology for quantifying rectification costs and the standard of expert evidence required in complex multi-party construction disputes.
United Kingdom
The English courts have been at the forefront of developing the law relating to expert evidence, from the foundational principles established in Ikarian Reefer to the reforms introduced by the Civil Procedure Rules Part 35.
Foundational authority establishing the duties of expert witnesses. Cresswell J set out the principles governing the conduct of expert witnesses, including the overriding duty to the court, the requirement for independence, and the obligation to state the facts or assumptions upon which an opinion is based.
Supreme Court decision abolishing the immunity of expert witnesses from suit for negligence. Held that the historical immunity was no longer justified and that expert witnesses may be liable to their instructing party for breach of duty.
Addressed the accountability of expert witnesses for the content of their evidence and the regulatory consequences of providing misleading or inaccurate expert opinion. Considered the balance between encouraging expert participation and maintaining professional standards.
Extensive consideration by Jackson J (as His Lordship then was) of expert evidence in a major construction dispute. Addressed the methodology for delay analysis, the duties of programming experts, and the consequences of experts adopting partisan positions.
Court of Appeal authority on the duties of expert witnesses in construction proceedings, the standard of independence required, and the consequences of an expert’s failure to maintain the requisite objectivity.
Addressed the preparation and presentation of quantum expert evidence in complex construction disputes, the methodology for assessing loss and expense claims, and the weight to be given to competing expert opinions.
Hong Kong
The Hong Kong courts adopt principles consistent with the English common law tradition, supplemented by local practice directions governing expert evidence in construction and commercial disputes.
Although an English authority, widely applied in Hong Kong proceedings. Addressed the obligations of expert witnesses instructed in international disputes and the consequences of non-disclosure of relevant information by experts.
Considered the role of construction experts in delay and disruption claims before the Hong Kong courts, the methodology for critical path analysis, and the weight to be accorded to programming expert evidence.
Court of Final Appeal authority on the duty of experts to the court, the requirement for independence from the instructing party, and the evidential consequences of a failure to maintain that independence.
Singapore
The Singapore courts have developed detailed rules governing expert evidence under Order 40A of the Rules of Court and the Evidence Act (Cap 97), with particular attention to the duties of experts in complex construction and engineering disputes.
Court of Appeal authority on the admissibility of expert opinion evidence under the Singapore Evidence Act, including the requirement that the expert possess relevant qualifications or experience and that the opinion be based upon established methodology.
Addressed the duties and responsibilities of expert witnesses in Singapore proceedings, including the requirement for objectivity, the obligation to assist the court, and the consequences of expert evidence that amounts to advocacy.
Court of Appeal decision on the liability of expert witnesses for negligent testimony and the standard of care expected of experts instructed in commercial and construction litigation.
International Arbitration
International arbitration tribunals have developed their own approach to expert evidence, informed by the IBA Rules on the Taking of Evidence, the CIArb Protocol for Expert Witnesses, and the practices of leading arbitral institutions.
Addressed the role of expert witnesses in international arbitration proceedings and the enforceability of arbitral awards where expert evidence is challenged. Considered the distinction between factual and expert evidence in the international arbitration context.
Considered the standard of expert evidence required in international arbitration and the approach of the English courts to challenges to arbitral awards based on alleged deficiencies in expert testimony.
Addressed the treatment of quantum expert evidence in investment treaty arbitration, including the methodology for damages assessment and the weight to be given to competing expert valuations.
Professional Standards
Our expert witness practice is informed by a thorough understanding of the case law governing expert evidence across all jurisdictions in which we practise. This knowledge ensures that our expert reports and testimony meet the highest professional and judicial standards.
