Case law
The duties of an expert — The Ikarian Reefer
In National Justice Compania Naviera SA v Prudential Assurance Co Ltd (The Ikarian Reefer) [1993] 2 Lloyd's Rep 68, Cresswell J set out the classic statement of an expert's duties, since reflected in Part 35.
Key points
- Expert evidence should be independent and uninfluenced by the pressures of litigation.
- The expert should give objective, unbiased opinion on matters within their expertise — and never assume the role of advocate.
- State the facts or assumptions the opinion is based on, and do not omit material facts that could detract from the opinion.
- Make clear when a question or issue falls outside the expert's expertise.
- If an opinion is not properly researched because of insufficient data, say so and flag the opinion as provisional.
Official sources
General information to help experts and instructing parties understand the framework for expert evidence in England & Wales. It is not legal advice. Always work from the current official sources, which are linked on each page.