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.
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