IN THE HIGH COURT OF JUSTICE IN NORTHERN IRELAND

QUEEN’S BENCH DIVISION

________

PRACTICE DIRECTION NO. 11 of 2003

EXPERT’S DECLARATION

With effect from 1 JANUARY 2004 the report of any expert witness prepared after that date shall contain the following declaration.

            I                                                         declare that:

(1)        I understand that my primary duty in furnishing written reports and giving evidence is to assist the court and that this takes priority over any duties which I may owe to the party or parties by whom I have been engaged or by whom I have been paid or am liable to be paid.  I confirm that I have complied and will continue to comply with this duty;

(2)        I have endeavoured in my reports and in my opinions to be accurate and to have covered all relevant issues concerning the matters stated, which I have been asked to address, and the opinions expressed represent my true and complete professional opinion;

(3)        I have endeavoured to include in my report those matters of which I have knowledge and of which I have been made aware which might adversely affect the validity of my opinion;

(4)        I have indicated the sources of all information that I have used;

(5)        I have where possible formed an independent view on matters suggested to me by others including my instructing lawyers and their client;

where I have relied upon information from others, including my instructing lawyers and their client, I have so disclosed in my report.

(6)        I will notify those instructing me immediately and confirm in writing if, for any reason, my existing report or opinion requires any correction or qualification;

(7)        I understand that:

(a)        My report, subject to any corrections before swearing as to its correctness, will form the evidence which I will give under oath or affirmation;

(b)        I may be cross-examined on my report by a cross-examiner assisted by an expert;

(c)        I am likely to be the subject of public adverse criticism by the judge if the court concludes that I have not taken reasonable care in trying to meet the standard set out above.

(8)        I confirm that I have not entered into any arrangement whereby the amount or payment of my fees, charges or expenses is in any way dependent upon the outcome of this case.

                                                                        Signed:

                                                                        Date:

Practice Direction made                              1 December 2003, coming into effect on 1 January 2004.        

                                                                                    J J Sheil

                                                                                    Senior Queen’s Bench Judge