The role of expert evidence in civil matters

A critical analysis (Part 2)

Abstract

In the first part of this article, the author analysed the development and role of expert evidence in civil matters in the South African law (Bekker 2023:160-178). In the second part of this article, the author conducts an in-depth discussion of the position in England, Wales, andAustralia in relation to the application of expert witness testimony in civil matters. It is argued that, although there has been considerable progress in terms of the presentation of expert evidence in civil litigation in the South African law, a number of problematic aspects still need to be addressed. It is recommended that the Rules Board should intervene and that the rules relating to the presentation of expert evidence in civil matters should be amended in its entirety. In this regard, valuable insight can be gained from the English and Australian experiences.