When giving evidence in court, or writing a report for use in court, the Expert’s primary duty is to the court: to be truthful as to fact, honest as to opinion and complete as to coverage of relevant matters. His or her evidence must be independent, objective and, in particular, unbiased towards the party responsible for payment. Subject to these overriding considerations, the Expert will:
(a) At all times use reasonable skill and care in carrying out the instructions he or she has accepted.
(b) Perform only those tasks for which he or she has the requisite qualifications and experience to undertake, and the resources needed to adequately fulfil them within the allotted time span.
(c) Keep detailed time-sheets and records of tasks undertaken.
(d) Promptly notify the Appointor of:
- Any conflict of interest that would disqualify the Expert or render it undesirable for the Expert to have continued involvement with the case
- Any requirement the Expert perceives for the Appointor to employ additional expertise.
(e) Endeavour to make himself or herself available for all hearings, meetings or other necessary engagements for which he or she has received adequate notice.
(f) Not negotiate with the opposing party or their advisers unless specifically authorised to do so by the Appointor or instructed to do so by order of the court.
(g) Not without good cause discharge himself or herself from the appointment as Expert.
(h) At all times, both during and after completion of the Assignment, treat all aspects of it as confidential unless authorised by the Appointor to the contrary.