14 November News Admissibility or weight: what is the test for expert evidence? Admissibility, Impartiality, Expert's behaviour, Bias, Independence, Duties of the Expert, Duty of Expert, Duty to the court, Legal role of an expert witness, Expert bias, 05. Rules and Regulations, 14. Giving Oral Evidence, 09. Records Assessments and Site Visits In an exceptional case, as here, where the expert singularly and spectacularly fails in their duties to the court, expert evidence may be deemed inadmissible and never get to the stage of being tested for weight.
18 August News Expert criticised for tending to be an advocate and concerns about their objectivity or reliability also noted Expert evidence, Expert's behaviour, Independence, Objectivity, 05. Rules and Regulations, 14. Giving Oral Evidence An expert on Lebanese Banking Law has been criticised for his tendency to advocate , and evidence the expert had given in another case led to judge being concerned about the expert's reliability due to lack of atttention to detail.
15 July News The good, the bad and the ugly: Coldunell Limited V Hotel Management International Ltd Expert evidence, Impartiality, Conflicts of interest, Bias, Independence, Oral testimony, 10. Report Writing, 14. Giving Oral Evidence Judgment highlights a partisan expert, excellent practice from three experts, and the lengths the other side might go to discredit your expert evidence.
26 August Case Updates Deutsche Bank AG v Sebastian Holdings, Inc. 2021 WL 02483400 Independence, Demeanour of Witness, Expert's duty, Fees, 10. Report Writing, 02. Setting Fees and Getting Paid, 13. Changing your opinion, 14. Giving Oral Evidence Relevance: General Topics: Expert's duties Independence Demeanour Fees
26 August Case Updates Dana UK Axle Ltd v Freudenberg FST GmbH [2021] EWHC 1413 (TCC), 2021 WL 02143477 Independence, Disclosure of instructions, Disclosure of documents relied upon, Retention of records of investigations carried out, Cooperation with the adverse party’s experts, Guidance for the Instruction of Experts in Civil C, CPR Part 35, TCC Guide, Experts meeting, 10. Report Writing, 07. Working with Instructing Parties, 11. Responding to questions, 12. Experts Discussions and Joint Statements, 09. Records Assessments and Site Visits Relevance: General Topics: Disclosure of instructions Disclosure of documents relied upon Retention of records of investigations carried out Cooperation with the adverse party’s experts Guidance for the Instruction of Experts in Civil Claims 2014 CPR Part 35 TCC Guide Independence Experts meetings
26 August Case Updates Beattie Passive Norse Limited v Canham Consulting Limited [2021] EWHC 1414 (TCC), 2021 WL 02170994 Bias, Independence, Objectivity, Expert's duty, 05. Rules and Regulations, 15. Criticism and Complaints Relevance: General Topics: Experts’ duties Independence Bias Objectivity
24 August Case Updates Beattie Passive Norse Limited v Canham Consulting Limited [2021] EWHC 1116 (TCC) Bias, Independence, Language, Objectivity, 10. Report Writing, 14. Giving Oral Evidence, 15. Criticism and Complaints Relevance: General Topics: Independence Objectivity Language Bias
24 August Case Updates Wigan Borough Council v Scullindale Global Limited [2021] EWHC 779 (Ch) Change of opinion, Independence, Language, 13. Changing your opinion, 07. Working with Instructing Parties, 15. Criticism and Complaints Relevance: General Topics: Language Independence Change of opinion
24 August Case Updates Crosby v Wakefield MBC, Leeds County Court, unreported, 24 January 2020 Change of opinion, Independence, Range of Opinion, Criticism of a party's legal team, 05. Rules and Regulations, 10. Report Writing, 13. Changing your opinion, 12. Experts Discussions and Joint Statements, 14. Giving Oral Evidence, 09. Records Assessments and Site Visits Relevance: General Topics: Independence Change of opinion Range of opinion Criticism of a party’s legal team
24 August Case Updates Towuaghantse v General Medical Council [2021] EWHC 681 (Admin) Conflicts of interest, Bias, Independence, Language, 10. Report Writing Relevance: General Topics: Bias Conflict of interest Language Independence