ABSTRACT
Chapter 32 comprises guidance for engineers or other professionals who are engaged as experts in connection with arbitration or litigation, sometimes referred to as a “clean expert”. Such an expert may have to give evidence in a hearing and must therefore be separated from the details of the legal conduct of the case. Guidelines are provided for the preparation of expert reports for litigation or arbitration: the brief; the expert’s opinion; expert’s interface with lawyers; expert’s files and documents; factual and opinion evidence; contents of an expert report; expert’s report in reply. In respect of giving evidence in a hearing, the chapter discusses the expert’s obligations and duties, expert’s conferences, preparation prior to a hearing, hearing protocols, the nature of evidence in a hearing, and expert evidence in a “hot tub”. The features of expert evidence in fast track arbitration are noted.
