• Chapter 3: Chapter 3: Expert Evidence

    • 71. Court procedure rules with respect to expert reports and oral expert evidence

      (1) Notwithstanding any enactment or rule of law by virtue of which documents prepared for the purpose of pending or contemplated proceedings or in connection with the obtaining or giving of legal advice are in certain circumstances privileged from disclosure, provision may be made by court procedure rules —
      (a) for enabling the Court in any proceedings to direct, with respect to any matters, or class of matters, which may be specified in the direction, that the parties (or some of them) shall each by such date as may be so specified (or such other later date as may be permitted or agreed in accordance with court procedure rules) disclose to the other party or parties in the form of one or more expert reports the expert evidence on matters (or matters of that class) which he proposes to adduce as part of his case at the trial; and
      (b) for prohibiting a party who fails to comply with a direction given in any such proceedings under court procedure rules made by virtue of paragraph (a) from adducing in evidence, except with the leave of the Court, any statement (whether of fact or opinion) contained in any expert report whatsoever in so far as that statement deals with matters of any class specified in the direction.
      (2) Provision may be made by court procedure rules as to the conditions subject to which oral expert evidence may be given in proceedings.
      (3) Court procedure rules made in pursuance of subsection (2) may make provision for prohibiting a party who fails to comply with a direction given as mentioned in subsection (1)(b) from adducing, except with the leave of the Court, any oral expert evidence whatsoever with respect to matters of any class specified in the direction.
      (4) Any court procedure rules made in pursuance of this section may make different provision for different classes of cases, expert reports dealing with matters of different classes, and for other different circumstances.
      (5) References in this section to an expert report are references to a written report by a person dealing wholly or mainly with matters on which he is (or would, if living, be) qualified to give expert evidence.

    • 72. Admissibility of expert opinion and certain expressions of non-expert opinion

      (1) Subject to any court procedure rules made in pursuance of this Chapter, where a person is called as a witness in any proceedings, his opinion on any relevant matter on which he is qualified to give expert evidence shall be admissible in evidence.
      (2) Where a person is called as witness in any proceedings, a statement of opinion by him on any relevant matter on which he is not qualified to give expert evidence, if made as a way of conveying relevant facts personally perceived by him, is admissible as evidence of what he perceived.
      (3) In this section "relevant matter" includes an issue in the proceedings in question.

    • 73. Evidence of foreign law

      (1) In proceedings, a person who is suitably qualified on account of his knowledge or experience is competent to give expert evidence as to the law of any jurisdiction outside the Abu Dhabi Global Market irrespective of whether he has acted or is entitled to act as a legal practitioner there.
      (2) Where any question as to the law of any jurisdiction outside of the Abu Dhabi Global Market with respect to any matter has been determined (whether before or after the passing of these Regulations) in any such proceedings as are mentioned in subsection (4), then in any proceedings —
      (a) any finding made or decision given on that question in the first-mentioned proceedings shall, if reported or recorded in citable form, be admissible in evidence for the purpose of proving the law of that jurisdiction with respect to that matter; and
      (b) if that finding or decision as so reported or recorded, is adduced for that purpose, the law of the jurisdiction with respect to that matter shall be taken to be in accordance with that finding or decision unless the contrary is proved,
      provided that paragraph (b) shall not apply in the case of a finding or decision which conflicts with another finding or decision on the same question adduced by virtue of this subsection in the same proceedings.
      (3) Except with the leave of the Court, a party to any proceedings shall not be permitted to adduce any such finding or decision as is mentioned in subsection (2) by virtue of that subsection unless he has, in accordance with court procedure rules, given to every other party to the proceedings notice that he intends to do so.
      (4) The proceedings referred to in subsection (2) are —
      (a) proceedings at first instance in any Court;
      (b) appeals arising out of any such proceedings as are mentioned in paragraph (a).
      (5) For the purposes of this section a finding or decision on any such question as is mentioned in subsection (2) shall be taken to be reported or recorded in citable form if, but only if, it is reported or recorded in writing in a report, transcript or other document which, if that question had been a question as to the law of the Abu Dhabi Global Market, could be cited as an authority in legal proceedings in the Abu Dhabi Global Market.