EXPERT WATCH 37: THE COURT SHOULD MAKE FINDINGS OF FACT FIRST AND NOT ABDICATE THIS TASK TO AN EXPERT: A FIRST INSTANCE DECISION WITH A “FUNDAMENTAL FLAW”

We are looking at a family law case which considers several significant aspects of expert evidence. Firstly it makes clear that it is not for an expert to make findings of fact. Further a judge cannot simply abdicate they key decision in a case to an expert. Finally the judgment makes it clear that ...