It's essential to determine if an expert witness could be helpful in a given case since labor litigation is often complicated. You may get assistance from expert court reports in determining which expert witnesses would be required and the function expert evidence plays in challenging labor law issues. The primary responsibility of an Expert witness is to provide his unbiased professional opinion based on the evidence presented. Experts may be used in various contexts, including court cases, tribunals, and arbitrations. Those who testify under oath before a court or tribunal are witnesses. Most witnesses fall into one of two categories:
- Expert witnesses may provide opinion evidence within their field of competence as well as factual evidence.
- Witnesses of Fact may provide substantial evidence but are not often permitted to give views.
What is an Expert witness?
An expert witness has knowledge or competence in a field or profession above and beyond what a layperson would expect. It is the responsibility of the expert witness to provide the Court or tribunal with a fair assessment of any disputable features of a subject matter that falls within his area of competence.
A party often appoints an expert advisor to help conceive and prepare their claim or defense; an expert witness is not the same as an expert adviser. An expert advisor's primary obligation is to the party giving him instructions rather than the Court.
Duties of an Expert Witness
- In line with the instructions provided, offer a free-standing expert opinion on the issue in their area of knowledge. These directions will be made clear in the expert witness's Report, which the opposing party and the Court will view.
- Provide the opinion as requested in a report and as testimony before a court or other authority.
- Since the Expert cannot often provide testimony without the Report, it is necessary.
- Ensure the Expert's Report you were given has the data needed to comply with the Court Rules. If you go forward, you must provide the opposing party in the dispute with a copy of the Report. You'll get a copy of the Expert's Report from the opposing party at that point.
- Follow any relevant court or tribunal orders and the process rules that apply.
- Whether or whether these viewpoints support your argument, provide honest, unbiased, and independent opinions.
- An expert witness' obligation to the Court is paramount (or other tribunals). You are still obligated to pay the Expert's fees, but this responsibility trumps any duty due to you.
- The Court expects an expert witness to be unbiased and independent, and it will not accept their testimony if they are or seem to be political.
Read More : Court Appointed Expert Witness by Dubai Courts
When are Expert witnesses called?
When opinion evidence is needed to aid in the settlement of a dispute, an expert witness is required. This viewpoint could result in an early settlement of the conflict. A court case may feature an expert witness who may be asked to testify.
What is an Expert Witness report?
An expert Witness report aims to outline the Expert's view on topics within his area of competence that he has been asked to submit. The primary purpose of an expert Witness report is to advise the Court on issues outside its purview and on which it must rule to settle the case. The Court, the instructing party, and its attorneys will use the expert Witness report to provide technical information so they may assess the merits of their legal position. It will be made known to the opposing party in the dispute throughout the Hearing preparation process, enabling them to evaluate the strength of their legal case. If the opposing party has its expert witness, you will also obtain a copy of their expert Witness report at the same time as they do.
Expert Witness Report in Labour Disputes in UAE
Expert witnesses Report for Labour Disputes in the UAE may be required for a variety of reasons. The sort of expert witness they are will also affect the role they play. In situations involving employment, expert witnesses of an array of kinds may be called, including the following:
- Mental health Expert Witnesses:
Mental health professionals at work may attest to the degree of emotional anguish that an employee has experienced. For instance, the expert witness may mention that they have experienced sexual harassment and still feels anxious about it. An expert on mental health may be required, particularly if the plaintiff has severe emotional distress damages. A mental health expert is sometimes treating the plaintiff. A benefit of having an expert witness in this situation is that they may offer precise details on treatment and effect.
- Financial Expert Witnesses
The testimony of expert witnesses is often requested concerning financial losses. The amount of harm a given employment action, such as termination, has caused an employee may need calculation by an expert witness. The financial Expert may be required to calculate the amount of compensation that a person lost due to a work-related injury in workers' compensation proceedings. In personal injury lawsuits, an expert witness may be required to estimate the wounded victim's anticipated earnings in the absence of the accident and then contrast this with the person's earning potential after the event. Because they often form part of the victim's damage award, these appraisals are significant.
- Vocational Rehabilitation Expert witnesses
Suppose a plaintiff can return to the same field of work, to the same employer in a different function, or to a job with a new employer. In that case, vocational rehabilitation specialists may testify to this. Additionally, they may attest to whether the plaintiff has made enough effort to acquire new work. Expert witnesses may give this crucial information to juries, insurance adjusters, and employers using trustworthy sources.
Speak With an Expert Witness
If an expert witness is needed in your employment case in that case, it's crucial to reach out to Farahat & Co. You'll be curious to learn what kind of uae expert witness you require and what matters they must testify to, such as mental health or the capacity to return to the workforce economic evaluations or issues. After thoroughly assessing the circumstance, interview potential expert witnesses to determine the kind of information and support that they may be able to provide. Contact us today to learn more about expert witness services.