Weathertight Homes Tribunal

If aspects of an expert’s report are disputed the Weathertight Homes Tribunal may order an independent conference of experts, without the presence of lawyers or parties, in order to narrow points of difference and save time at the hearing.

The conference will be chaired by a member of the Tribunal, a senior Tribunal registrar or an independent expert. The role of the experts’ conference chair does not include the making of orders or directions in the claim, or the giving of evidence as to the conference. 

Apart from the agreed statement, evidence of things said and done at the conference is not generally admissible in the hearing.

Who qualifies as an expert

It is for the Tribunal to determine whether a person qualifies as an expert and may attend the experts’ conference. Such decisions will generally be made by the member assigned to the claim but may also be determined by the person chairing the experts’ conference. 

Impartiality

Any expert who acts as an advocate for a party or who does not act impartially during the course of the experts’ conference may either have their role limited or in extreme cases be excluded from the experts’ conference by the facilitator.

Joint statement

At the conclusion of the conference, the experts prepare and sign a joint statement stating the matters on which the expert witnesses agree and the matters on which they do not agree, including the reasons for disagreement.  This joint statement is be prepared without the assistance of the legal advisors to the parties

Restrictions

The Tribunal may place restrictions on the calling of any further evidence and may limit cross-examination of experts on the factual matters agreed to at the experts’ conference. The Tribunal will however allow further evidence and questioning of experts on the issues of liability.