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Expert Witness Duties to the Court — SCE Palliative Medicine MCQ

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ModerateLegal & Ethical FrameworkExpert Witness Duties to the CourtSCE Palliative Medicine

A palliative care consultant is asked to serve as an expert witness in a clinical negligence case alleging overdose with a syringe driver. Which statement accurately reflects the key duty of an expert witness under UK law?

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Correct answer: C — The expert’s overriding duty is to the court, not to the party instructing them; they must provide an honest, objective, evidence‑based opinion regardless of which side instructs them

Explanation lettering: E = shown as A · D = shown as B · A = shown as C · C = shown as D · B = shown as E

Under UK Civil Procedure Rules Part 35, specifically Rule 35.3, an expert’s primary duty is to assist the court impartially and objectively, and this duty overrides any obligation to the instructing party. Experts must not act as advocates. Options B, C, D and E are incorrect: B misunderstands that the expert’s role is to provide opinion on specialised matters; C and D conflict with the overriding duty; E is false—experts may legitimately disagree and must state reasons.

Reference: Civil Procedure Rules Part 35.3; Legal obligations: issue 8, GOV.UK, https://www.justice.gov.uk/courts/procedure-rules/civil/rules/part35