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Updates and Commentary on Civil Procedure, by Gordon Exall, Barrister, Kings Chambers, Leeds, Manchester & Birmingham. 4-5 Gray's Inn Square, London.
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PROVING THINGS 89: AN APPROACH THAT IS JUST DANGEROUS: ABDICATION OF THE LAWYER'S ROLE TO AN EXPERT

PROVING THINGS 89: AN APPROACH THAT IS JUST DANGEROUS: ABDICATION OF THE LAWYER’S ROLE TO AN EXPERT

April 16, 2018 · by gexall · in Appeals, Credibility of experts, Damages, Experts

This is the third post today on Wright v Satellite Information Services Ltd [2018] EWHC 812 (QB). The case demonstrates an approach to a claim for damages that is simply dangerous: asserting a claim for damages where there is no  adequate evidence…

PROVING THINGS 46: LATE THEORIES ADVANCED BY EXPERTS RARELY HELP

December 19, 2016 · by gexall · in Expert evidence, Experts, Uncategorized

Some aspects of litigation are highly reliant upon experts.  Medical causation is on of those areas.  The issues between experts should be clarified in the joint statement.  In Smith -v- Tesco PLC & Royal Free London NHS Foundation Trust [2016]…

THE DANGERS OF RELYING ON EXPERT EVIDENCE: BEWARE YE THE PARTISAN EXPERT: "UNBALANCED AND HIGHLY MISLEADING"

November 10, 2016 · by gexall · in Civil evidence, Clinical Negligence, Credibility of experts, Expert evidence, Experts, Uncategorized

Some types of litigation are heavily reliant upon expert evidence.  Clinical negligence cases are often determined by the judge’s assessment of the experts involved.  It is disturbing to see the matters raised in  judgment today of His Honour Peter Hughes…

CHALLENGING VIDEO SURVEILLANCE BY THE USE OF EXPERT EVIDENCE: THE PREQUEL

September 2, 2016 · by gexall · in Case Management, Civil evidence, Civil Procedure, Disclosure, Expert evidence, Uncategorized

Last month I wrote about the decision of Mr Justice Edis in  Hayden -v- Maidstone & Tunbridge Wells NHS Trust [2016] EWHC 1962 (QB). One of the many issues the judge considered in that case was the admissibility of expert evidence to…

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…

THE USE OF EXPERT WITNESSES: STEALING FROM THE CPS

November 20, 2014 · by gexall · in Civil evidence, Expert evidence, Useful links

It would be a good idea for those involved in civil litigation to read the Crown Prosecution Service:  Guidance on Expert Evidence.  Many of the points in that guide apply, with equal force, to instructing experts in civil proceedings. It…

EVIDENCE, EXPERTS & ARSON: ANALYSING THE EVIDENCE WHEN SERIOUS ALLEGATIONS ARE MADE IN A CIVIL CASE

November 11, 2014 · by gexall · in Civil evidence, Expert evidence, Witness statements

The decision of H.H. Judge Mackie Q.C. in Geneisuj.Net Limited -v- Allianz Insurance Limited [2014] EWHC 3676 (QB) provides an object lesson in the analysis of evidence in a case where serious allegations were being made. THE ISSUES The claimant…

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