PROVING THINGS 9: THE ROLE OF EXPERTS

2 Responses

1. 

   Elfed Williams – ERW Consulting · February 16, 2016 at 19:54:31 · →

   Gordon,

   I follow your posts with much interest, long may your efforts last !

   I have some misgivings about whether an expert should identify primary facts and opine on the basis of those facts.

   An expert is often presented with the need to extract from instructions and inspection (in the case of surveyors) and ascertain primary facts in any case, before he can give any opinion.

   Or should he simply say…….these are the facts I assume………..and proceed on that assumption ?

   Thank you.

   Elfed

   ERWCONSULTING | PLANNINGWALESUK

   Elfed R. Williams LLM MA FRICS MRTPI

   CHARTERED SURVEYORS | CHARTERED TOWN PLANNERS

   PROFESSIONALS IN ENABLING DEVELOPMENT PROJECTS

   T. 01407.720683 M. 07979.805320 E. erw@erwconsulting.com

   http://www.erwconsulting.com http://www.planningwales.uk

   ‘Dwi yn siarad Cymraeg

2. 

   gexall · February 17, 2016 at 11:48:08 · →

   The answer to this is, as is often the case, in the Rules. Paragraph 57 of the Guidance for the instruction of Experts.

   57. When addressing questions of fact and opinion, experts should keep the
   two separate. Experts must state those facts (whether assumed or otherwise)
   upon which their opinions are based; experts should have primary regard to their
   instructions (paragraphs 20-25 above). Experts must distinguish clearly between
   those facts that they know to be true and those facts which they assume.

   58. Where there are material facts in dispute experts should express separate
   opinions on each hypothesis put forward. They should not express a view in
   favour of one or other disputed version of the facts unless, as a result of
   particular expertise and experience, they consider one set of facts as being
   improbable or less probable, in which case they may express that view and
   should give reasons for holding it.

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