JUDGE REFUSES TO RECONSIDER CRITICISMS OF EXPERT WITNESS IN A JUDGMENT: EXPERT DUTIES CANNOT BE DELEGATED
In Neurim Pharmaceuticals (1991) Ltd & Anor v Generics UK Ltd (t\a MYLAN)  EWHC 3270 (Pat) Mr Justice Marcus Smith made some observations about the role of the expert witness and the importance of their evidence being criticised in a written judgment.
“It is incumbent on the expert not merely to present evidence that is technically correct, but that makes a fair presentation of the expert’s opinion. If the expert does not do that, then criticism is liable to follow.”
The judge had sent the parties a draft written judgment in a dispute relating to a patent in relation to pharmaceutical formulations to improve the quality of sleep. Both sides called expert witnesses who produced reports and gave evidence at trial. The judgment contained criticisms of an expert witness called on behalf of the defendants. After the draft was circulated counsel for the defendant suggested that the criticism of the expert was unfair as they had not had the chance to respond to it.
THE JUDGMENT ON THE EXPERT EVIDENCE
The judge considered the general issues relating to the expert evidence called by each party.