In certain states such as the United Kingdom, the Civil procedure Rules 1998 (CPR) had introduced a section on the Duty of Independence under Part 35 of the Rules where it requires that it be an overriding duty to the Court. Apart from that its provisions provide that (1) expert evidence should be the independent product of the expert uninfluenced by the pressures of litigation and, (2) an expert should assist the court by providing objective, unbiased opinion on matters within his expertise, and should not assume the role of an advocate. By providing rules such as this, the independence of expert evidences are safeguarded and the probabilities of a bias can be prevented.
One such consequence of a determination of lack of independence on the part of an expert is that his/her evidence or proposed evidence will be declared unacceptable to the Court. The evidence, if given, can be disregarded or the expert can be debarred from giving evidence in the first place. The judicial have stressed out the importance of the issue of independence being ventilated at an early stage of the proceedings in order that the affected party is not left without the opportunity to seek alternative expert evidence. The Courts have now started imposing sanctions on experts who negligently disregard their duty while giving independent evidence. For example, Courts may if deem fit make costs orders against experts or report them to their professional body for misconduct.
Therefore, these experts are required to disclose the potential conflicts that may arise such as financial,
Finally, the independence of expert evidence is to be construed since it provides the Judiciary a helping hand in making sure justice prevails.