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The Expert Witness in Construction Disputes
Michael P. Reynolds
John Wiley & Sons, Apr 15, 2008 - Technology & Engineering - 240 pages
The role of the expert witness has long been important inconstruction litigation and arbitration and most other types ofdispute resolution. Today there is a heavier burden on expertsbecause of the diversity of the appropriate dispute process and theadded responsibility this brings.
The Woolf reforms and the introduction of the Civil ProcedureRules are having a major impact on the role of the expertwitnesses. No longer is the expert accountable just to the clientbut directly owes a duty to the court. In the smaller value claim anew opportunity of acting as single joint expert arises where theparties can save time and money. There is greater flexibility inarbitration under the Arbitration Act 1996 and a need for expertevidence in the statutory process of adjudication.
This book takes account of all these changes, taking the expertstage by stage through his or her duties, from the investigation,preparation and exchange of expert reports, disclosure ofdocuments, the importance of different types of evidence, topreparation for the hearing itself and the giving of oralevidence.
The appendices feature appropriate references to the CivilProcedure Rules, guidelines for experts, protocols and othermaterials of practical interest. Throughout, reference is made torelevant case law.
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