EXPERT WATCH 84: THE TRIAL JUDGE’S APPROACH TO THE EXPERT EVIDENCE WAS WRONG: THE APPROACH IN TUI HAD TO BE CONSIDERED: AN IMPORTANT DECISION FOR HOUSING LAWYERS…

We are looking at a successful appeal by two claimants which succeeded largely on the grounds that the trial judge's approach to the expert evidence was wrong.  The trial judge failed to take into account the totality of the evidence given by an expert, which included replies to Part 35 questions.  ...