The expert witness in construction disputes / / Michael P. Reynolds, Jeffrey Green Russell

• Record Nr.: UNISA996197698103316
• Autore: Reynolds Michael P
• Pubbl/distr/stampa: Malden, Mass., : Blackwell Science, c2001
• ISBN: 1-281-31845-0; 9786611318451; 0-470-69048-8; 0-470-68020-2
• Edizione: [1st ed.]
• Descrizione fisica: 1 online resource (236 pages)
• Altri autori (Persone): RussellJeffrey Green
• Disciplina: 343.41/078624
• Soggetti: Evidence, Expert - Great Britain; Construction contracts - Great Britain; Breach of contract - Great Britain; Construction industry - Great Britain
• Lingua di pubblicazione: Inglese
• Formato: Materiale a stampa
• Livello bibliografico: Monografia
• Nota di bibliografia: Includes bibliographical references and index.
• Nota di contenuto: The Expert Witness in Construction Disputes; Contents; Preface to Third Edition; New Terminology; Glossary; Chapter 1: The Expert Witness: Role and Duties; 1.1 Definition; 1.2 Why experts are needed; 1.3 Overriding duty; 1.4 Ethics and professional integrity; 1.5 Becoming an expert witness; 1.6 Appointment of the expert; 1.7 The expert's duties to the client; 1.8 The expert's role outside the court/arbitration system; 1.9 Qualities of an expert witness; Chapter 2: Contracts, Claims and Damages; 2.1 General; 2.2 Contract claims; 2.3 Damages; 2.4 Breach of statutory duty; 2.5 Law of negligence; Chapter 3: Professional Liability and the Expert Witness; 3.1 The expert's role; 3.2 Contractual liability; 3.3 Non-contractual liability; 3.4 Advising on breach of duty by professionals; 3.5 The expert's own professional liability; Chapter 4: How the Courts Evaluate Expert Evidence; 4.1 The overriding objective; 4.2 Illustrative cases; 4.3 The importance of demeanour in court; 4.4 Whether the court has to accept the expert's opinion; 4.5 Summary; Chapter 5: Formulation of the issues; 5.1 The initial stages; 5.2 Statement of case; 5.3 Site ; investigations; 5.4 Summary; Chapter 6: Procedures for Resolution of Disputes; 6.1 Changes to the English adversarial system; 6.2 Statutory adjudication under the 1996 Act; 6.3 Arbitration; 6.4 Litigation; 6.5 Alternative dispute resolution; 6.6 Conclusion; Chapter 7: Experts' Discussions and the Single Joint Expert; 7.1 Experts' discussions; 7.2 The single joint expert; 7.3 A case report on experts' meetings; Chapter 8: Evidence and the Expert; 8.1 Facts in issue; 8.2 Types of evidence; 8.3 The expert's evidence; 8.4 Hearsay evidence; 8.5 Admissibility; 8.6 Proof; 8.7 A checklist on points of evidence; Chapter 9: Disclosure; 9.1 What is 'disclosure'?; 9.2 Assisting with disclosure; 9.3 Privilege; 9.4 Costs considerations; 9.5 Practicalities; 9.6 Conclusion; Chapter 10: Preparation of Scott Schedules; 10.1 Objective; 10.2 What type of schedule?; 10.3 The expert's role; 10.4 Information technology (IT); 10.5 Checklist for preparing a Scott Schedule; Chapter 11: The Final Report and Trial; 11.1 Status of the final report; 11.2 Contents of the final report; 11.3 Report for the claimant; 11.4 Report for the defendant; 11.5 Conflicting duties; 11.6 Presentation of the final report; 11.7 Trial preparation; 11.8 Procedure at trial; 11.9 Checklist for the trial; Chapter 12: 'Che sera sera'; 12.1 The expert and civil justice reformation; 12.2 Truth and justice; Appendix I: Expert Witness Institute Model Terms; Appendix II: Practice Direction 49C - Technology and Construction Court; Appendix III: The TeCSA Expert Witness Protocol; Appendix IV: Pre-action Protocol for Construction and Engineering Disputes; Appendix V: Civil Procedure Rules Part 35 - Experts and Assessors; Appendix VI: Draft Code of Guidance for Experts Under the Civil Procedure Rules 1999; Appendix VII: The Cala Homes case and the partisan expert
• Sommario/riassunto: The role of the expert witness has long been important in construction litigation and arbitration and most other types of dispute resolution. Today there is a heavier burden on experts because of the diversity of the appropriate dispute process and the added responsibility this brings. The Woolf reforms and the introduction of the Civil Procedure Rules are having a major impact on the role of the expert witnesses. No longer is the expert accountable just to the client but directly owes a duty to the court. In the smaller value claim a new opportunity of acting as single joint expert aris