Amr Danyall Marshal & Ors v Awais Javed & Ors [2025] EWHC 3195 (Ch)

 

Summary

The judge found that the report by the claimants’ forensic accounting expert was not expert evidence because it simply reported what the underlying documents said in a more digestible way, without adding any expert opinion. On the one or two occasions where the expert did offer an opinion, they were not opinions on any accountancy matter.

Learning points

Learning points for new or occasional experts

• You must only provide opinion evidence in respect of matters on which you have sufficient expertise and, where necessary, appropriate qualifications.

• Expert evidence must include the opinion of the expert. Evidence which simply reports what the underlying evidence says is not expert evidence.

• If you are not confident that you fully understand your duties as an expert witness, you should consider seeking training from a reputable provider, such as EWI.

Learning points for instructing parties

• Experts who have not undertaken training with a reputable provider, such as EWI, may not fully understand their duties. They may not even understand the concept of expert evidence.

• If you have any doubts about an expert, make sure to assess whether they understand their duties.

• Make sure that your instructions clearly set out the expert evidence that is required. 

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