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Expert Witness Declaration Template for England and Wales

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Key Requirements PROMPT example:

Expert Witness Declaration

"I need an Expert Witness Declaration for a construction dispute case in the High Court, where I'll be providing expert testimony on structural engineering defects; the declaration needs to emphasize my 15 years of experience in high-rise building projects."

Document background
The Expert Witness Declaration is a critical document required in legal proceedings within England and Wales when expert testimony is needed. It establishes the expert's credentials, independence, and understanding of their obligations under CPR Part 35. This declaration must be provided alongside expert reports and is essential for ensuring the admissibility of expert evidence in court. The document serves to validate the expert's qualifications, confirm their understanding of their duty to the court above any duty to their client, and declare any potential conflicts of interest.
Suggested Sections

1. Expert's Details: Full name, professional qualifications, experience, and current position

2. Case Details: Court reference, case name, and parties involved

3. Statement of Truth: Declaration confirming truth of contents and understanding of expert's duty to court

4. Scope of Expertise: Clear statement of areas of expertise relevant to the case

5. Declaration of Understanding: Confirmation of understanding CPR requirements and expert's duties

Optional Sections

1. Conflicts Declaration: Statement regarding any potential conflicts of interest, used when relevant

2. Previous Court Experience: Details of previous expert witness experience, used when specifically requested

3. Joint Expert Statement: Required when acting as a joint expert for multiple parties

Suggested Schedules

1. CV/Resume: Detailed professional background and qualifications

2. List of Documents Reviewed: Comprehensive list of materials considered in forming expert opinion

3. Professional Certifications: Copies of relevant professional certificates and accreditations

4. Previous Publications: List of relevant published works in the field of expertise

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok³ÉÈ˰æ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

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Civil Procedure Rules (CPR) Part 35: Core rules governing expert witnesses in civil cases, including the expert's overriding duty to the court and requirements for expert evidence. Supplemented by Practice Direction 35.

Criminal Procedure Rules Part 19: Rules governing expert witnesses in criminal cases, working in conjunction with the Criminal Justice Act 1967 to establish requirements for expert testimony in criminal proceedings.

Professional Standards Guidelines: Standards and guidance issued by professional bodies and specific courts regarding expert witness conduct and requirements for expert testimony.

Evidence Act 1968: Legislative framework governing the admissibility and presentation of expert evidence, including provisions for written statements and expert testimony.

Court Standards - Expert Evidence Protocol: Protocol established by the Civil Justice Council for the instruction of experts, providing detailed guidance on expert witness procedures and requirements.

UK Data Protection Framework: Includes UK GDPR and Data Protection Act 2018, governing the handling and protection of sensitive information in expert witness statements and supporting documentation.

Human Rights Act 1998: Particularly Article 6 regarding the right to a fair trial, which has implications for how expert evidence must be handled and presented in legal proceedings.

Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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