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BPTC/BTC Civil Litigation MCQ [HIGH DISTINCTION] - Expert Evidence and Sanctions MCQs

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HIGH DISTINCTION BPTC/BTC Civil Litigation MCQ (Chapter-wise MCQs) - Expert Evidence and Sanctions MCQs

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MULTIPLE CHOICE QUESTIONS
ANSWERS
Bar
Professional


Question 1

Doctor Chindra is an expert psychologist and she has prepared a
report on the claimant’s condition for the claimant’s solicitors.
The claimant has issued a claim for personal injuries. The claim is
defended.

In respect of the court proceedings, which of the following
statements is/are CORRECT?

(i) Her report may be put in evidence in the proceedings without the
permission of the court.
(ii) Her overriding duty as an expert is to the court.


(iii) The other side may put written questions to her about her expert
report and, if they do, those questions must be for the purpose only
of clarification of the report and must be put within 28 days of
service of the report.
(iv) She must state within her report the substance of all material
instructions on the basis of which the report was written.

[A] (i), (ii) and (iv) only

[B] (ii), (iii) and (iv) only


[C] (i), (ii) and (iii) only

[D] (i), (ii), (iii) and (iv).




[[B] is CORRECT. See the explanations above]




P a g e 1 | 13

, Question 2

Suppose that Doctor Chindra has been instructed in a case
allocated to the fast track and the matter proceeds to trial.

Which ONE of the following statements is CORRECT?

[A] The usual rule is that Doctor Chindra will be required to attend the
hearing as an expert witness.


[B] The court does not have power to allow Doctor Chindra to be cross-
examined on the instructions given to her by the claimant’s solicitor.

[C] If the other side also wish to put in the evidence of a psychologist
the court may direct that only the evidence of a single joint expert
may be given.

[D] If her report is not disclosed to the other side, it will be impossible
for Doctor Chindra to give oral evidence at trial.




[[C] is CORRECT. See CPR Rule 35.7(1)]




P a g e 2 | 13

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