Harmony Shipping Co. SA v Davis

Posted on 31/12/1979 · Posted in Expert Witness

No property in a witness

The case establishes that there is no property in a witness, expert or otherwise. A witness’s duty is to come to court and give evidence as the court requires and as directed by the judge.

Litigants are not able to speak to many experts, decide that that expert would not give sufficiently supportive evidence, and then have that expert debarred from giving evidence in court against them, such as if the opposing litigant were to instruct them. If the rule were not in place wealthy litigants could easily monopolise the experts of particular fields to prevent their opponants having access to an effective expert.

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