Civil Litigation Brief
Menu
  • Home
  • About
  • Copyright
  • Advertising Policy
  • Legal Disclaimer
Updates and Commentary on Civil Procedure, by Gordon Exall, Barrister, Kings Chambers, Leeds, Manchester & Birmingham.
Browse: Home » Experts » Page 10

THE INTERACTION BETWEEN LAWYER AND EXPERT: CASES ON EXPERTS THIS WEEK II

November 6, 2016 · by gexall · in Civil Procedure, Expert evidence, Experts, Uncategorized

We have already looked at the decision of Mr Justice Roth in Agents’ Mutual Limited -v- Gascoigne Halman [2016] CAT 21 in relation to costs budgeting. Here I want to isolate one aspect of that budgeting exercise – in relation to…

ANOTHER EXPERT WITNESS GOES AWRY: PATENTLY A PROBLEM

October 30, 2016 · by gexall · in Case Management, Expert evidence, Experts, Uncategorized

It is easy for the non-technical reader to pass over judgments relating to patents. These often involve highly technical issues.  However there is one aspect of the judgment in Thoratec Europe Limited -v- AIS GMBH Aachen Innovative Solutions [2016] EWHC…

WHEN IS EXPERT EVIDENCE ADMISSIBLE: A MASTERLY EXPOSITION

October 24, 2016 · by gexall · in Case Management, Civil evidence, Civil Procedure, Expert evidence, Experts, Uncategorized

The judgment of Master Matthews in Darby Properties Ltd -v- Lloyds Bank Plc [2016] 2494 (Ch) contains an important consideration of the rules relating to the admissibility of expert evidence. In particular when is expert evidence “necessary”? “… although I…

JUDICIAL ASSESSMENT OF EXPERT EVIDENCE: NOT SIMPLY A CASE OF WHICH EXPERT IS PREFERRED

October 7, 2016 · by gexall · in Civil evidence, Credibility of experts, Expert evidence, Experts, Uncategorized

There is a short passage in the judgment in Barclays Bank PLC -v- Christie Owen & Davies Limited [2016] EWHC 2351 (Ch) which considers the appropriate approach of the court when considering expert evidence. “To consider simply whether to prefer…

AN EXPERT DISPLAYING ZEALOTRY IS NO HELP AT ALL (AND USUALLY HARMFUL)

August 23, 2016 · by gexall · in Civil evidence, Expert evidence, Experts, Uncategorized, Witness statements

In the Matter of F (a Minor)  EWHC 2149 (Fam)Mr Justice Hayden had to consider whether an expert report should be admitted in a family case.  The comments on the expert evidence are of general relevance. “The overall impression is…

ATTRITIONAL WARFARE; UNMERITORIOUS POINTS AND UNFOUNDED ALLEGATIONS OF BAD FAITH: SO MUCH (AND MORE) IN ONE JUDGMENT

August 2, 2016 · by gexall · in Applications, Assessment of Costs, Conduct, Damages, Default judgment,, Expert evidence, Experts, Uncategorized

The judgment today of Mr Justice Edis in  Hayden -v- Maidstone & Tunbridge Wells NHS Trust makes for uncomfortable reading on the issue of the general attitude of the lawyers towards the conduct of the litigation.   In addition to…

PROVING THINGS 28: MAKE UNWARRANTED PERSONAL ATTACKS AND USE A "MUD-SLINGING" EXPERT: THAT ALWAYS ENDS WELL

August 1, 2016 · by gexall · in Civil evidence, Credibility of experts, Expert evidence, Experts, Uncategorized, Witness statements

The judgment of Mr Justice Fraser in Scott -v- E.A.R. Sheppard Consulting & Civil Engineering Ltd [2016] 1949 (TCC) contains some surprising observations. It also contains important lessons in relation to “conspiracy” theories in litigation and the role of the…

THE ARROYO JUDGMENT 2: EXPERTS, OH EXPERTS.

July 28, 2016 · by gexall · in Civil evidence, Credibility of experts, Expert evidence, Experts, Uncategorized

This is the second in the series of posts on the  judgment of Mr Justice Stuart-Smith in Arroyo -v-Equion Energia Limited [2016] EWHC 1699 TCC. The first looked at the issues that arose from unchecked schedules of damages. Here we look…

EXPERTS:YOU'RE NOT RIGHT JUST BECAUSE YOU'RE FAMOUS: A DECISION NOT WRITTEN ON THE BACK OF A FAG PACKET

May 19, 2016 · by gexall · in Civil evidence, Expert evidence, Experts, Uncategorized

The judgment of Mr Justice Green  in British American Tobacco (UK) Limited -v- Secretary of State for Health [2016] EWHC 1169 is 1,000 paragraphs long. It covers many aspects of law and procedure. I want to concentrate upon one issue….

THE INTERCHANGE BETWEEN LAWYERS & EXPERTS: A DIFFICULT ISSUE

May 5, 2016 · by gexall · in Conduct, Expert evidence, Experts, Uncategorized

In a week where there is a report of an application being made for a doctor to be committed for contempt* it is prudent to consider that difficult issue of the relationship between the lawyers in a case and the…

PROVING THINGS 15: DAMAGES & EVIDENCE: GOING BACK TO COLLEGE

April 23, 2016 · by gexall · in Civil evidence, Credibility of experts, Damages, Expert evidence, Experts, Uncategorized

One harsh shock for many litigants occurs when they are asked to prove their damages at trial. We have looked several times when a litigant has come to grief at this stage, largely because there is no evidential support for…

EXPERT REPORTS IN THE ADMINISTRATIVE COURT: PART 35 APPLIES

April 18, 2016 · by gexall · in Case Management, Conduct, Expert evidence, Experts, Uncategorized

In the judgment today in Khaled -v- Secretary of State for the Home Department [2016] EWHC 857 (Admin) Mr Justice Garnham considered Part 35 of the CPR and the admissibility of expert reports in proceedings in the Administrative Court. “The…

IS THIS AN EXPERT REPORT I SEE BEFORE ME? I THINK NOT

March 21, 2016 · by gexall · in Civil evidence, Expert evidence, Experts, Uncategorized

In Al Nehayan -v- Kent [2016] EWHC 623 (QB) Mrs Justice Nicola Davies made observations upon “expert” evidence that had been placed before the court.  There were major failures of form as well as of substance.  The judgment contains an…

EXPERTS AND FACTS: IT IS ALL IN THE RULES

February 17, 2016 · by gexall · in Civil evidence, Experts, Uncategorized

Following the post yesterday about proving things and the role of experts there was an interesting comment from Elfed Williams. WHAT DOES AN EXPERT DO ABOUT FACTS? “I have some misgivings about whether an expert should identify primary facts and…

THE ROLE OF THE EXPERT WITNESS IN LITIGATION: SUPREME COURT GUIDANCE

February 11, 2016 · by gexall · in Appeals, Credibility of experts, Expert evidence, Experts, Uncategorized

In Kennedy -v- Cordia Services LLP [2016] UKSC 6 the Supreme Court made some telling observations relating to expert evidence.  This was in the context of a Scottish case, however the observations are of general importance. THE CASE The Supreme Court…

PERMISSION NOT GRANTED TO CALL EMPLOYMENT EXPERTS: THE RELEVANT PRINCIPLES CONSIDERED

January 19, 2016 · by gexall · in Applications, Expert evidence, Experts, Uncategorized

In Various Claimants -v- Sir Robert McAlpine [2016] EWHC 45 (QB) Mr Justice Supperstone and Master Leslie considered the rules and case law in relation to the need to call expert witnesses in detail. KEY POINTS The claimants were refused…

SOME WITNESSES MAY NOT BE GOOD HISTORIANS BUT GOOD HISTORIANS CANNOT BE WITNESSES

December 20, 2015 · by gexall · in Civil Procedure, Expert evidence, Experts, Uncategorized, Witness statements

In Kimathi -v- Foreign & Commonwealth Office [2015]EWHC 3432 (QB) Mr Justice Stewart considered a number of issues relating to witness statements. Here we consider whether the evidence of historians is admissible.  Other aspects of this case will be examined…

THAT DIFFICULT DISTINCTION BETWEEN AN EXPERT WITNESS AND AN ADVOCATE

December 13, 2015 · by gexall · in Expert evidence, Experts, Uncategorized

In AAW -v- The Secretary of State for the Home Department [2015] UKUT 673 (IAT) Upper Tribunal Judge Southern made some telling observations on the role of an expert. The judgment is of general interest in relation to the role…

IS AN EXPERT REALLY NECESSARY? TWO RECENT CASES

December 6, 2015 · by gexall · in Civil evidence, Civil Procedure, Credibility of experts, Expert evidence, Experts, Uncategorized

The determination of the courts to restrict the use of expert evidence can be seen by the fact that the text of CPR 35.1 appears under the heading “duty to restrict expert evidence“. The rule itself states “Expert evidence shall be…

WHEN AN EXPERT FAILS TO DISCLOSE THAT THEY KNOW THE PARTIES

December 6, 2015 · by gexall · in Civil evidence, Expert evidence, Experts, Uncategorized

A recent high profile criminal case has identified the major problems that can arise when an expert called to give evidence has failed to disclose that they have had previous dealings with the parties.  Here we look at how the…

← Previous 1 … 9 10 11 Next →

Copyright

© Gordon Exall, Civil Litigation Brief, 2013-2021. Unauthorised use and or duplication of the material contained on this blog without permission from this blog's author is strictly prohibited. Excerpts and links may be used, provided that full and clear credit is given to Gordon Exall and Civil Litigation Brief with appropriate and specific direction to the original content.

Subscribe to Blog via Email

Enter your email address to subscribe to this blog and receive notifications of new posts by email.

Join 22,741 other subscribers

Recent Posts

  • SEEKING SUMMARY JUDGMENT: THERE ARE QUITE STRINGENT RULES: CLAIMANT HAD TO RECTIFY SITUATION TO OBTAIN ORDER
  • WHY CAN’T YOU ASK LEADING QUESTIONS IN COURT (AND WHY SHOULDN’T YOU DO IT WHEN PREPARING A WITNESS STATEMENT)
  • NEW FORM N244: SOMETHING TO WATCH OUT FOR
  • THE QUEEN’S BENCH GUIDE: 2021 EDITION : OUT TODAY – READ IT WHILE IT’S FRESH…
  • INJUNCTION AND POSSESSION AGAINST TRESPASER SUSPENDED BECAUSE OF COVID

Top Posts & Pages

  • NEW FORM N244: SOMETHING TO WATCH OUT FOR
  • WHY CAN'T YOU ASK LEADING QUESTIONS IN COURT (AND WHY SHOULDN'T YOU DO IT WHEN PREPARING A WITNESS STATEMENT)
  • THE QUEEN'S BENCH GUIDE: 2021 EDITION : OUT TODAY - READ IT WHILE IT'S FRESH...
  • INJUNCTION AND POSSESSION AGAINST TRESPASER SUSPENDED BECAUSE OF COVID
  • SEEKING SUMMARY JUDGMENT: THERE ARE QUITE STRINGENT RULES: CLAIMANT HAD TO RECTIFY SITUATION TO OBTAIN ORDER

Blogroll

  • Coronavirus: Guidance for lawyers and businesses
  • Fatal Accident Law
  • Personal injury: Liability and Damages

Books

  • Munkman & Exall on Damages for Personal Injuries and Death 14th ed
  • The APIL Guide to Fatal Accidents 4th edition

Useful Links

  • Hardwicke
  • Kings Chambers
  • Kings Chambers Costs & Litigation Funding
  • Kings Chambers Serious Injury
  • The Civil Procedure Rules
  • www.Bailii.org

Archives

Privacy & Cookies: This site uses cookies.
To find out more, as well as how to remove or block these, see here: Our Cookie Policy

Copyright © 2021 Civil Litigation Brief

Powered by WordPress and Origin