First: Expertise and Its Importance
Technical expertise is essential for resolving disputes that involve technical matters which cannot be adjudicated without resorting to expert opinion. In this regard, the Qatar Court of Cassation has ruled that, although the trial judge is considered the supreme expert in matters relating to a case, a judgment shall be invalid if the judge rules on technical matters which he could not have independently determined without seeking the necessary technical expertise.1
The expert is considered an assistant to the judiciary, and his findings directly impact the judgment in a dispute. Accordingly, the Qatari legislator has paid particular attention to regulating the practice of experts. The current legislation governing this matter is Law No. 16 of 2017.
This law prohibits the practice of expert work by anyone who is not registered in the roster of experts ("Experts Roster") at the Ministry of Justice ("Ministry"), or does not hold the position of an expert at the Experts Affairs Department ("Department") within the Ministry.2
When the expert performs his duties, he is subject to several obligations, including those related to obtaining the necessary license to practice as an expert and others related to performing his work in accordance with the technical rules and principles that he is required to observe.
This paper addresses the expert's obligation to obtain the necessary licenses for practising the profession, the liability arising from breaching this obligation, and the practical issues that have emerged in this regard. The focus then turns to the expert's obligation to adhere to the rules regulating expert work and the established technical principles in practising his duties, as well as the liability arising from violating this obligation and the practical challenges encountered in this area.
Second: The Expert's Obligation to Obtain a License to Provide Expertise
- Obligation to Register in the Experts Roster at the Ministry
Article 1 of the law defines certain key terms as follows:
Expertise: A technical task performed by an expert, including the provision of translation services, in accordance with a ruling or order from a judicial authority, or upon the request of other entities as determined by a decision issued by His Excellency the Minister of Justice ("Minister"), pursuant to Article 2 of the law.3
Expert: A natural or legal person registered in the Experts Roster or who holds an expert position within the Department.
Roster: The Experts Roster maintained by the Ministry as stipulated in Article 6 of the law.4
According to these definitions and Article 5 of the law, only an expert registered in the Experts Roster or occupying an expert position within the Department is authorised to provide expertise under this law.
As an exception to these provisions, Article 16 of the law grants the Minister the authority to permit individuals who are not registered in the Experts Roster to provide expertise in a specific case or on a particular technical subject that requires rare and specialised knowledge.
The law initially granted a grace period of six months from the date of its enforcement for those who were already practising expert work at the time of its issuance to regularise their status by registering in the roster within that period.5
2. The Expert's Liability for Failing to Obtain a License to Practice Expertise
What is the extent of an expert's liability if he or she practices expert work without being properly licensed? The term "license" here refers to being registered in the Experts Roster or holding an official expert position in the Department.
This question is addressed by Article 5 of the law, which explicitly states that:
"... It is prohibited to practice expert work before registration in the Experts Roster in accordance with the provisions of this law."
This prohibition entails a ban on practicing expert work by any person who is not registered in the Experts Roster, or who does not hold an expert position within the Department, or who has not been granted permission by the Minister to provide expertise in a specific case or technical matter that requires rare and specialised expertise, as stipulated in Article 16 of the law.
If anyone practises as an expert without proper registration or authority, they shall be subject to criminal liability pursuant to Article 39 of the law, which provides that:
"Without prejudice to any harsher penalty stipulated by another law, any person who practices expert work without being registered in the Expert Roster, without holding an expert position within the Department, without being authorised under Article 16 of this law, who continues to practice as an expert after being notified of or becoming aware of a decision to remove their registration from the Expert Roster or during the period of suspension of his registration, who intentionally causes harm to one of the litigants, or who breaches the obligation stipulated in item (3) of Article 17 of this law, shall be punished by imprisonment for a term not exceeding one year and a fine not exceeding fifty thousand (50,000) riyals, or by either of these two penalties."
Footnotes
1. Ruling of the Court of Cassation in Appeal No. 110 of 2021, Civil Cassation – Session held on 26/05/2021
2. Article 5 of Law No. 16 of 2017 stipulates that:
(Without prejudice to the provisions of Article 45 of this law, it is prohibited to practice expert work before registration in the roster in accordance with the provisions of this law.)
3. Article 2 of Law No. 16 of 2017 stipulates that: "Expert work before judicial authorities, as well as any other entity or entities determined by a decision of the Minister, shall be carried out by registered experts and experts of the Department."
4. Article 6 of Law No. 16 of 2017 stipulates that: "A roster shall be established within the Department for the registration of experts in various specialisations. A file shall be maintained for each expert, containing all matters related to his practice of expert work. Sub-rosters may also be created to categorise registered experts according to their qualifications and years of experience. The organisation of the rosters, the data they contain, and the rules and procedures for classifying the registered experts shall be determined by a decision of the Minister."
5. Article 45 of Law No. 16 of 2017 stipulates that: "Anyone practising expert work at the time this law enters into force must regularise his status in accordance with its provisions within a maximum period of six months from the date of its enforcement."
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
