Oral evidence by expert witnesses is directed where the tribunal needs to test expert methodology, credibility, or specific findings through cross-examination. Not all expert reports require oral evidence — but experts should be prepared to attend unless specifically excused.
Preparation requires thorough review of the report, letter of instruction, source materials, and any joint statements. Experts must ensure consistency between written and oral testimony and be prepared to defend source selection and methodology under questioning.
At hearing, the expert confirms their report under oath, may give supplementary oral evidence within expertise, and faces cross-examination. The expert's duty to the tribunal requires honest answers even where they do not support the client's case.
Joint expert meetings before hearing reduce oral evidence time by identifying agreed matters. Focus cross-examination preparation on genuinely disputed issues identified in the joint statement.
Related Resources
- Oral evidence page
- Cross-examination preparation
- Oral evidence witnesses
- CPR Part 35 expert witness duties
- Immigration expert witness network directory
- How to instruct an expert witness
- Contact us
Frequently Asked Questions
When is oral evidence directed?
Where the tribunal considers cross-examination necessary — typically when expert methodology, source selection, or specific findings are in dispute between the parties.
Can experts give supplementary oral evidence?
Yes — within the scope of their expertise and consistent with their written report. Supplementary evidence must not introduce new opinions not foreshadowed in the written report without tribunal permission.