ABSTRACT
You should write to the professional from whom you are seeking a report detailing the facts of the case which are relevant to the eventual report, setting out exactly what you need the expert to establish and within what timescale. If the expert is familiar with court proceedings, then s/he will be aware of the need to set out his/her qualifications, his/her findings and any area of uncertainty in an impartial way. If not, then you should, in your letter of instruction, bear in mind the duties of expert witnesses, which were established in the case of Re AB (Child Abuse: Expert Witnesses) [1995] 1 FLR 181. These are as follows: (a) expert evidence should be independent and not
influenced by the fact that it forms part of the litigation process;
(b) the expert should provide objective, unbiased opinion within his/her expertise;
(c) the expert should state the facts on which his/her opinion is based and not omit facts which contradict his/her opinion;
(d) the expert should make it clear when a particular question falls outside his/her area of expertise;
(e) if the expert considers that s/he has insufficient information, s/he should say so;
(f) if, after the exchange of reports, the expert changes his/her views, s/he should say so.
