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3.2 USE, ROLE AND RESPONSIBILITIES OF EXPERT WITNESSES IN (RE)INSURANCE DISPUTES
An introductory course designed to give an overview of the work of an expert witness in (re)insurance disputes and negotiations. It should be or interest both to those acting as expert witnesses for the first time or those expecting to appoint or instruct experts.
· What is an expert? Witnesses of fact and opinion. Expert advisers.
· Historical development of courts' recognition of experts. Qualifications of an expert.
· The legal framework: civil and common law. Court system in England & Wales; doctrine of precedent.
· Evidence: definition, expert evidence; examination (evidence-in-chief) and cross examination.
· Rules governing experts and expert evidence in England & Wales. Civil Procedure Rules Part 35, Criminal Procedure Rules Part 33, Arbitration Act 1996, CPR Protocol governing Experts and those who instruct them.
· Role of expert witness: overriding duty to court, not a hired gun; statement of truth and expert's declaration. Conflicts of interest.
· Work of an expert: initial instructions, examination of factual evidence, report, use of assistance, meetings of experts, presenting evidence in the witness box.
· Legal Privilege and disclosure.
· Single Joint Experts.
· The expert's report - structure and format of CPR compliant report. Report writing guidelines, tips for effective writing.
· Some specific reinsurance considerations - experts in arbitration; USA approach.
On completion of the course delegates will have an understanding of the duties and responsibilities of an expert witness in litigation or arbitration; what to expect both as an expert and if instructing an expert, and the content and structure of a good expert report to the court or arbitration tribunal.
The course will be appropriate for all those, including brokers, underwrites and claims adjusters, involved in handling complex claims and disputes and needing to understand the implications of appointing experts, and those contemplating acting as or asked to act as experts for the first time.
The course is lecture and presentation based with some participative worked exercises on report writing and presentation of evidence.