The tribunal may direct an expert witness to attend the FTT or UT hearing to give oral evidence. This typically occurs where the expert's credibility, methodology, or specific findings are in dispute, or where cross-examination of the expert report is necessary for fair determination of the appeal.
At hearing, the expert confirms their report, may give supplementary oral evidence within the scope of their expertise, and faces cross-examination from the opposing party's representative. The expert must remain independent and objective throughout — not advocate for the instructing party.
Video link attendance may be permitted in appropriate circumstances, but the expert must be available for real-time cross-examination. Tribunal directions on expert attendance should be communicated to the expert at instruction stage.
See our dedicated oral evidence page for comprehensive guidance on preparation, hearing procedure, joint expert meetings, and post-hearing supplementary reports.
Related Resources
- Oral evidence guide
- 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
What happens when an expert witness gives oral evidence?
The expert attends the FTT or UT hearing, confirms their report, may give supplementary oral evidence, and faces cross-examination from the opposing party's representative. The expert must remain independent and objective throughout.
Can an expert give oral evidence without attending in person?
Video link attendance may be permitted by the tribunal in appropriate circumstances, but the expert must be available for real-time cross-examination.