Case No. UKUT-00226-(IAC)

[2003] EWCA Civ 1102, where the emphasis was on CPR 31 and CPR 35. These provide ( inter alia ) that: (i) a party may apply for an order for inspection of any document mentioned in an expert’s report which has not already been disclosed, (ii) every expert’s report must state the substance of all material instructions, whether written or oral, on the basis of which the report was written, and (iii) such instructions are not privileged against disclosure. Laws LJ made the following noteworthy observation: “ [42] As it seems to me the key to this case …. is the imperative of transparency, a general theme of the CPR but here specifically applied to the deployment of experts’ reports. Thus the aim of rule 35.10(3) and (4) is broadly to ensure that the factual basis on which the expert has prepared his report is patent. ” 25. Thus in the contemporary era the subject of expert evidence and experts’ reports is heavily regulated. The principles, rules and criteria highlighted above are of general application. They apply to experts giving evidence at every tier of the legal system. In the specific sphere of the Upper Tribunal (Immigration and Asylum Chamber), these standards apply fully, without any qualification. They are reflected in the Senior President’s Practice Direction No 10 (2010) which, in paragraph 10, lays particular emphasis on a series of duties. We summarise these duties thus: (i) to provide information and express opinions independently, uninfluenced by the litigation; (ii) to consider all material facts, including those which might detract from the expert witness’ opinion; (iii) to be objective and unbiased; (iv) to avoid trespass into the prohibited territory of advocacy; 20(iv) to be fully informed; (vi) to act within the confines of the witness’s area of expertise; and (vii) to modify, or abandon one’s view, where appropriate. 26. In the realm of expert testimony, important duties are also imposed on legal practitioners. These too feature in the aforementioned Practice Direction. These duties may be summarised thus: (i) to ensure that the expert is equipped with all relevant information and materials, which will include information and materials adverse to the client’s case; (ii) to vouchsafe that the expert is fully versed in the duties rehearsed above; (iii) to communicate, promptly, any alterations in the expert’s opinion to the other parties and the Tribunal, and (v) to ensure full compliance with the aforementioned Practice Statement, any other relevant Practice Statement, any relevant Guidance Note, all material requirements of the Rules and all case management directions and orders of the Tribunal. These duties, also unqualified in nature, are a reflection of the bond between Bench and Representatives which features throughout the common law world. 27. The interface between the role of the expert witness and the duty of the Court or Tribunal features in the following passage in the judgment of Wilson J in