loader image

EXPERT EVIDENCE

Key take aways:

1. Expert evidence is essentially opinion to assist the court in issues requiring specialized knowledge or beyond court’s ordinary knowledge.

2. Expert must have the qualification, experience, and skill in the required field in order to give the opinion.

3. Expert’s overriding duty is to the court, and not to the party that called him or paid him for his services.

4. Expert not to consider himself as advocate for the party that called him. He must be independent, seen to be independent and objective in his opinion.

5. Expert’s opinion must be based on facts that are either admitted or proved. He must state the basis/grounds/reasons for his opinion.

6. Court is not bound by the opinion of the expert.

7. Expert may be tested on the objectivity, credibility and reliability of his opinion.

8. In adducing expert evidence, O. 40A of the Rules of Court 2012 must be complied with.

Related

Court affirms RM580,000 damages to woman injured during childbirth

The Johor Bahru High Court has ordered the government, Sultan Aminah Hospital, its director and 4 doctors to pay RM300,000, RM250,000 and RM30,380 in general, aggravated and special damages...

Dismissal for poor performance.

It is not uncommon for employers to deploy the grounds of ‘poor performance’ as means of dismissal of employee. This, is an abuse of employer’s rights and managerial prerogative. The...

New publicity rules for lawyers and law firms at Malaysian Bar 2026

The new publicity rules for lawyers and law firms at Malaysian Bar takes effect today 1.1.2026 – attached below. So what’s new? Some highlights: 1. Publicity can be via printed or...

Contact Detail

Follow Us

Newsletter

You have been successfully Subscribed! Ops! Something went wrong, please try again.

R. Jayabalan ©  | All Rights Reserved