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42 Expert Witness In most cases, as an expert witness in a Court case you will usually be asked to provide a written report, discuss your report with another expert (appointed by the opposing party in the litigation) with a view to narrowing the matters in dispute and subsequently to give evidence in Court and face cross-examination on your report and opinions. It is possible to be engaged as what is known as a single joint expert which means that you are appointed by both parties to the litigation, although it is more common to be instructed by one party. The rules which are in place seek to promote good practice amongst experts by imposing duties and a code of conduct which must be adhered to. It has been known for experts to be personally penalised for flagrant disregard of their duties to the Court and being made personally to pay costs in the litigation. It is paramount therefore always to be mindful of your duties during your engagement. Perhaps the single most important point to bear in mind is that, at all times, your duty is to provide independent assistance to the Court by providing an objective unbiased opinion based on matters within your expertise. This duty overrides any duty owed to the party instructing you (and more than likely paying you). It should never be the case that you simply promote the view of the party instructing you. The acid test of your independence is to ask yourself whether your opinion would be the same were the other party instructing you. Your duty continues after the completion of the report, as an expert must inform the parties, and when appropriate the Court, of any change of view on a material matter within the report When preparing your report for the Court, your instructing solicitor should provide you with clear guidance as to the format of the report and the specific requirements prescribed under the Court Rules. Briefly, the report. should contain the following: give details of: (i) your qualifications and (ii) any literature or other material on which you rely state the substance of all instructions (written or oral) which are material to the opinions expressed in your report or upon which those opinions are based Managing Risk Section 6