EXPERT REPORTS IN THE ADMINISTRATIVE COURT: PART 35 APPLIES
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
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
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
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
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
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
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
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
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…
WHEN THE CREDIBILITY OF THE LAY AND EXPERT WITNESSES LIES IN SHREDS
The previous post in relation to Part 36 led me to examine the substantive judgment of Mr Justice Coulson in Van Oord UK Limited -v- Allseas UK Limited [2015] EWHC 3074 (TCC). It contains as damning an assessment of witness…
GUIDANCE TO EXPERTS: CORRESPONDENCE TO THE BRITISH DENTAL JOURNAL: WHO DOES AN EXPERT "REPRESENT"?
It is rare that lawyers can look to the British Dental Journal for advice on procedure and evidence. However there is a beautifully phrased letter in the British Dental Journal “reviewing a review”. THE LETTER The writer was commenting on…
COMMITTAL PROCEEDINGS AGAINST "EXPERT WITNESSES" ARE NOT AN ABUSE OF PROCESS
The decision of the Divisional Court in Accident Exchange Ltd -v- Nathan John George-Broom & Ors [2015] EWHC 2205 (Admin) is certainly a development in the practice relating to dismissal. THE CASE The claimants applied to commit a number of…
A TRIAL WITHOUT WITNESSES: THE PRACTICAL CONSEQUENCES: DUNNAGE -v- RANDALL
The Court of Appeal decision today in Dunnage -v- Randall [2015] EWCA Civ 673 is one of those seminal cases that every tort law student will have to read. Here we look at the case and the procedure. In particular…
APPEAL COURT CAN DECIDE ISSUES BETWEEN EXPERTS ON FOREIGN LAW: AND ANOTHER LOOK AT WITNESS STATEMENTS
The issue of when an appeal can court take its own view on expert evidence was considered in Group Seven Limited -v- Allied Investment Corporation Limited [2015] EWCA Civ 631. The judgment at first instance also makes for informative reading…
ANOTHER UNSATISFACTORY EXPERT: WITH A WRONG VIEW OF HIS ROLE
In Sinclair -v- Joyner [2015] EWHC Civ 1800 (QB) Mrs Justice Cox made some important observations about the role of the expert and the conduct of the expert instructed by the defendant in that case. THE CASE The claimant was…
CAUSATION AND EVIDENCE – A BURNING PROBLEM? IMPORTANT ISSUES FROM A BIZARRE SET OF FACTS
In Graves -v- Brouwer [2015] EWCA Civ 595 the Court of Appeal carried out an extensive review of the principles and authorities relating to evidence and causation. There is a useful discussion on the role and questioning of experts at…
OPINION EVIDENCE IN WITNESS STATEMENTS AND THE CASE THAT MAY HAVE SPARKED OFF THE JACKSON REFORMS: Multiplex -v- Cleveland Bridge
Whilst doing some work on the problems caused when lay witnesses attempt to give expert evidence I came across the case of Multiplex Constructions (UK) LImited -v- Cleveland Bridge UK Limited [2008] EWHC 2220(TCC). It makes interesting reading for a…
EXPERT REPORTS: TOO LONG AND NOT MUCH USE: CARE EXPERTS MUST TAKE MORE CARE
In the case of Harman -v- East Kent Hospitals NHS Foundation Trust [2015] EWHC 1662 (QB) Mr Justice Turner had some very clear criticisms of the expert reports. Some of the comments are of general importance. “Against the background of…
LATE APPLICATION FOR DISCLOSURE AND EXPERT EVIDENCE REFUSED: STOPPED AT THE DOCK
The judgment of His Honour Judge Stephen Davies in (sitting as a judge of the High Court) in William Clark Partnership Limited -v- Dock St PCT Limited [2015] EWHC B5 (TCC) illustrates the problems caused when applications are made late….
I DIDN'T MEAN IT WHEN I SIGNED THE JOINT REPORT: WHAT HAPPENS WHEN EXPERTS CHANGE THEIR MINDS?
The judgment of Mr Justice Leggatt in Iraqi Civilians -v- Ministry of Defence [2015] EWHC 1254 (QB) contains some interesting passages in relation to an expert reneging from the contents of a joint report. In particular what is the appropriate…
AN EXPERT MUST DISCLOSE DETAILS OF PROFESSIONAL RELATIONSHIP WITH A PARTY OTHERWISE THE CONSEQUENCES CAN BE DIRE: EXP -v- BARKER
The facts in relation to the Defendant’s expert witness in the case of EXP -v- Barker [2015] EWHC 1289 (QB) are quite remarkable. The case shows the importance of an expert disclosing their history of dealing with the person on…