Legal issues in constructions
The new Code of Civil Procedure (the “CCP”) that came into force on January 1st, 2016, brought significant changes to the rules relating to expert evidence. First and foremost, the CCP codified, as evidenced by article 22 CCP, the principle that an expert’s primary mission is to enlighten the Court’s understanding of complex issues rather than representing one party or the other:
Article 22. The mission of an expert whose services have been retained by a single party or by the parties jointly or who has been appointed by the court, whether the
the matter is contentious or not, is to enlighten the court. This mission overrides the parties’ interests.
Moreover, the new Code provides for an enhanced system of checks and balances with respect to expert witnesses. Consistent with existing case law and the guiding principle of expert testimony set out at article 22 CCP, the new Code now expressly qualifies the expert’s bias as sufficient ground for dismissal of the expert’s report even before trial.
Why is this important? How can it be helpful to a case? How can it be helpful to the Court?
