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EWI Annual Conference 2024: Closing address focuses on the evolving Expert Witness and the... EWI Annual Conference 2024: Closing address focuses on the evolving Expert Witness and the...

EWI Annual Conference 2024: Closing address focuses on the evolving Expert Witness and the...

The Hon. Mrs. Justice Bacon delivered her closing address on how the role of the Expert Witness has evolved in modern litigation and the challenges...
EWI Annual Conference 2024: Opening keynote looks at the role of Expert Witnesses in the... EWI Annual Conference 2024: Opening keynote looks at the role of Expert Witnesses in the...

EWI Annual Conference 2024: Opening keynote looks at the role of Expert Witnesses in the...

Our annual conference is always a highlight in the Expert Witness Institute calendar. This year’s event, which took place on 17th May, saw The...
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Frasers Group plc v Saxo Bank AS & Anor [2024] EWHC 188 (Comm) Frasers Group plc v Saxo Bank AS & Anor [2024] EWHC 188 (Comm)

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The judge considered, but did not reach a conclusion on, whether a party's communications with their expert before a joint meeting of...
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A Single Joint Expert caused difficulties by an unwise pre-hearing exchange with one of the parties in the absence of the other party, and...
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News

Expert evidence a matter for Trial judge: Application to exclude it at pre-trial stage refused as misconceived

Expert evidence a matter for Trial judge: Application to exclude it at pre-trial stage refused as misconceived

In a fatal accident and personal injury damages claim the claimant made a number of criticisms of the Defendant’s expert’s report and applied to exclude it on several grounds:
 

  • lack of expertise
  • expressing opinions outside areas of expertise
  • failure to maintain impartiality

 

Mr Dexter Dias KC (sitting as a Deputy Judge of the High Court) found the application to be fundamentally misconceived and dismissed it.

 

He gave each ground in-depth consideration and found that it was a matter for the trial judge to determine – not at pre-trial.

 

The judgement (link below) is worth reading. For example, regarding the allegation of ‘expressing opinions outside their expertise’, the judge states:

 

I find that this particular objection is classically a matter for the trial judge's judgment and discretion. I conclude, first, that it is not a basis for the exclusion of Mr X's evidence; second, it is not appropriate at this point, as Mr Y submits as his subsidiary position, to excise or to remove a particular passage or passages. That is a matter for the trial judge to assess once the evidence is before her or him.”

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