10b - Medico-legal fees Northern Ireland


Expert’s declaration

In the High Court of Justice in Northern Ireland
Queen’s Bench Division

Practice direction no. 1 2003

Expert’s declaration

With effect from 1 January 2004 the report of any expert witness prepared after that date shall contain the following declaration.

I ......................... declare that:
  1. I understand that my primary duty in furnishing written reports and giving evidence is to assist the court and that this takes priority over any duties which I may owe to the party or parties by whom I have been engaged or by whom I have been paid or am liable to be paid. I confirm that I have complied and will continue to comply with this duty;
  2. I have endeavoured in my reports and in my opinions to be accurate and to have covered all relevant issues concerning the matters stated, which I have been asked to address, and the opinions expressed represent my true and complete professional opinion;
  3. I have endeavoured to include in my report those matters of which I have knowledge and of which I have been made aware which might adversely affect the validity of my opinion;
  4. I have indicated the sources of all information that I have used;
  5. I have where possible formed an independent view on matters suggested to me by others including my instructing lawyers and their client; where I have relied upon information from others, including my instructing lawyers and their client, I have so disclosed in my report.
  6. I will notify those instructing me immediately and confirm in writing if, for any reason, my existing report or opinion requires any correction or qualification;
  7. I understand that:
    a) My report, subject to any corrections before swearing as to its correctness, will form the evidence which I will give under oath or affirmation;
    b) I may be cross-examined on my report by a cross-examiner assisted by an expert;
    c) I am likely to be the subject of public adverse criticism by the judge if the court concludes that I have not taken reasonable care in trying to meet the standard set out above.
  8. I confirm that I have not entered into any arrangement whereby the amount or payment of my fees, charges or expenses is in any way dependent upon the outcome of this case.
Signed:

Date:

Practice Direction made 1 December 2003, coming into effect on 1 January 2004

J J Sheil
Senior Queen’s Bench Judge

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